IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(Crl.).No. 115 of 2011(S) ------------------------------------- PETITIONER(S): --------------------- SINDHU,W/O.RAVIKUMAR,THUNDIL HOUSE, SAKTHIKULANGARA MURI,SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,HOME DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE,KOLLAM DISTRICT,PIN-691001. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM-691001. 4. THE SUB DIVISIONAL POLICE OFFICER, KOLLAM DISTRICT-691001. 5. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM DISTRICT-691001. 6. THE CIRCLE INSPECTOR OF POLICE,CHAVARA CIRCLE,KOLLAM DISTRICT-691583. 7. THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION,KOLLAM DISTRICT, PIN-691581. 8. THE SUPERINTENDENT OF CENTRAL PRISON, THIRUVANANTHAPURAM DISTRICT,PIN-695001. BY SR.GOVERNMENT PLEADER SRI.P.RAVINDRABABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.115 OF 2011-S PETITIONER'S EXHIBITS: EXT.P1.TRUE PHOTOCOPY OF THE DETENTION ORDER DATED 9.12.10. EXT.P2.TRUE PHOTOCOPY OF THE GROUNDS FOR DETENTION DATED 9.12.10. EXT.P3.TRUE PHOTOCOPY OF THE FINAL REPORT DATED 23.11.10. EXT.P4.TRUE PHOTOCOPY OF THE REPORT DATED 15.11.2010. EXT.P5.TRUE PHOTOCOPY OF THE MEMO DATED 9.12.10. EXT.P6.THE LETTER ISSUED TO THE 8TH RESPONDENT BY THE 2ND RESPONDENT DATED 9.12.2010. EXT.P7.TRUE PHOTOCOPY OF THE FIR IN CRIME NO.247/2007 OF SAKTHIKULANGARA POLICE STATION. EXT.P8.TRUE PHOTOCOPY OF THE FIS IN CRIME NO.247/2007 OF SAKTHIKULANGARA POLICE STATION. EXT.P9.TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO. 247/2007 OF SAKTHIKULANGARA POLICE STATION. EXT.P10.TRUE PHOTOCOPY OF THE FIR AND FIS IN CRIME NO.457/2007 OF SAKTHIKULANGARA POLICE STATION. EXT.P11. TRUE PHOTOCOPY OF FINAL REPORT IN CRIME NO.457/2007 OF SAKTHIKULANGARA POLICE STATION. EXT.P12.TRUE PHOTOCOPY OF THE FIR AND FIS IN CRIME NO.408/2008 OF SAKTHIKULANGARA POLICE STATION. EXT.P13.TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.408/2008 OF SAKTHIKULANGARA POLICE STATION. EXT.P14.TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.2.2011. RESPONDENT'S EXHIBITS: EXT.R1A.TRUE COPY OF ORDER NO.7446/SSA5/2011/HOME DATED 3.2.2011. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.115 of 2011-S ---------------------------------------------- Dated, this the 28th day of March, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks a writ of Habeas Corpus for the production of her husband (hereinafter referred to as 'the detenu') and also to quash Ext.P1 detention order which is approved and confirmed by the Government and set the detenu at liberty. The detenu came to be arrested on 20.01.2011 pursuant to the order of detention passed on 9.12.2010 under Section 13 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the Act'). 2. We heard Sri.C.Rajendran, the learned counsel for the petitioner and Sri.P.Ravindra Babu, the learned senior Government Pleader. The point which is pressed before us by the learned counsel for the petitioner is that the detenu made a representation on 22.2.2011, however, it came to be considered and disposed of belatedly that is it was disposed of on 15.3.2011. 3. Learned senior Government Pleader would WPCR 115/2011 -2- state that the representation was indeed preferred on 22.2.2011 and it is forwarded on 23.2.2011. In such circumstances the disposal of the representation on 15.3.2011 appears to be highly belated and what is more no explanation is also given in the pleadings. In such circumstances, we are constrained to dispose of the writ petition by directing that the continued detention of the detenu Sri.Ravikumar @ Thundil Kumar cannot be sustained. We direct the Superintendent, Central Prison, Thiruvananthapuram to set at liberty forthwith the detenu if not wanted in any other case. 4. We must not hesitate to record that we are deeply disturbed by the fact that we are successfully called upon to shorten the life of the order of detention for the mere reason that the concerned authority sat on the representation and passed orders on the same after delay which appears to us as inordinate. Time and again both the Apex Court and this court has enunciated the principle that the constitutional right of the detenu which is also embodied in the statute to have the representation considered without delay if breached will WPCR 115/2011 -3- result in the detained person having the right to claim premature release. The very purpose of the Act providing for detention deemed to protect the society at large. It must be remembered by the officers that premature release of the detenu is clearly against public interest. In other words, it is only for the reason that they did not act as required in law and with necessary promptness that detenu is being released. We direct that a copy of this judgment shall be sent to the Ist respondent so that this practice is not repeated. Registry will forward a copy of this judgment to the Superintendent of Central Prison, Thiruvananthapuram for compliance. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS