IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(Crl.).No. 206 of 2011(S) ------------------------------------ PETITIONER(S): --------------- AYSHA, AGED 45, W/O. PAKRUDHEEN, SUHAIL MANZIL, NERO STREET, UPPALA.P.O, KASARAGOD TALUK. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KASARAGOD. 4. THE SUPERINTENDENT OF POLICE, KASARAGOD. 5. THE SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION, KASARAGOD. GOVERNMENT PLEADER FOR R1-5 SRI.K.J.MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 206 of 2011(S) ------------------------------------ A P P E N D I X Petitioner's Exhibits : Ext.P1 : TRUE COPY OF THE PRELIMINARY REPORT FOR ACTION FILED BY THE 4TH RESPONDENT. Ext.P2 : TRUE COPY OF TH ORDER OF DETENTION ISSUED BY THE THIRD RESPONDENT. (True copy) TGS K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- W.P.(Criminal) No.206 of 2011 ----------------------------------------------- Dated 24th June, 2011. J U D G M E N T Joseph, J. The petitioner has approached this Court with the following prayers : (i) To issue a writ of habeas corpus commanding the respondents to produce the body of Mohammed Suhail @ Chuva aged 23 years, son of the petitioner forthwith before this Hon'ble Court and set him at liberty. (ii) Call for the records leading to the issuance of Exts.P1 and P2 and quash the same by issue a writ of certiorari or any other appropriate writ, order or direction. (iii) Declare that the order of detention and other ancillary records leading to the illegal detention of the petitioner's son are violative of Articles 14, 19, 21 and 22 of the Constitution of India. 2. Petitioner is the mother of the detenu, who has been detained under Section 3 of the Kerala Anti-social Activities (Prevention) Act (hereinafter referred to as 'the Act'). 3. We heard learned counsel for the petitioner and the learned Senior Government Pleader. Learned counsel for the petitioner would address only one point before us that a perusal of the order would show that while detenu was W.P.(Crl) 206/11 2 allegedly involved in three crimes, in the year 2006, thereafter, there is no allegation against him till 2010. But, the learned Government Pleader would point out that actually apart from the crimes in 2006, petitioner is allegedly involved in two crimes in 2010 also. We notice that the last crime is allegedly committed on 17.6.2010 and the case was charge sheeted on 31.7.2010. The order of detention is passed on 15.12.2010, apparently, on the basis of the report of the Superintendent of Police on 11.11.2010. We see no merit in the ground urged before us by the petitioner. This is not a case where the order of detention is passed on the crimes allegedly committed by the detenu in the year 2006 alone. Apart from the 3 crimes allegedly committed by the detenu in the year 2006, there can be no dispute that the authorities have relied on the alleged involvement of the detenu in two crimes in the year 2010 as well. The last of the two crimes in 2010 was committed on 17.6.2010 and the case was charge sheeted on 31.7.2010. If that be so, we cannot hold that there is no link between the crimes alleged against the detenu in the year 2006, that is to W.P.(Crl) 206/11 3 say, apart from the crimes allegedly committed by the detenu in 2006, there are crimes allegedly committed by him in 2010. In such circumstances, we see no merit in the Writ Petition. It is accordingly dismissed. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy)