IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(Crl.).No. 286 of 2008(S) --------------------------- PETITIONER(S): --------------- SOBHA, AGED 40 YEARS, W/O VIJAYAN, PALACHUVATTIL VEEDUL, ANGADICKAL VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT MAGISTRATE, COLLECTORATE, PATHANAMTHITTA. 3. THE DISTRICT SUPERINTENDE OF POLICE PATHANAMTHITTA. 4. THE SUPERINTENDENT OF CENTRAL PRISON, THIRUVANANTHAPURAM. 5. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA. BY SRI.K.K.RAVEENDRANATH ADDL.DIRECTOR GENERAL OF PROSECUTIONS THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON 12/12/2008 DELIVERED THE FOLLOWING: W.P(C)No.286/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER OF DETENTION NO.B3-20138(2)/08 DATED 16-6-2008. EXT.P2. TRUE COPY OF THE GROUNDS OF DETENTION DATED 16-6-2008 EXT.P3. TRUE COPY OF THE ORDER OF THIS COURT IN B.A.NO.2308/08 DATED 10-4-2008. EXT.P4. TRUE COPY OF THE ORDER OF THIS COURT IN B.A.NO.2523/08 DATED 2-5-2008 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- W.P(Crl.)No.286 of 2008 ----------------------------------------- Dated this the 12th day of December, 2008 JUDGMENT Kurian Joseph,J. The challenge is against Ext.P1 order passed by the authorised officer (District Magistrate) under the Kerala Anti Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'the Act'). Petitioner is the wife of the detenu viz., Vijayan. The authorised officer passed the order on the basis that the detenu is a “known goonda”, as defined under Section 2(o) of the Act. The authorised officer found that the detenu has committed various culpable acts within the previous seven years immediately preceding the date of order of detention, in the manner provided under the said section. The authorised officer was also satisfied that the detention was done with a view to preventing the detenu from indulging in any anti social activities, which would directly or indirectly cause harm, danger or alarm or a feeling of insecurity among the general public or residents of the area or result in grave or widespread danger to life/public W.P(Crl.)No.286 of 2008 -:2:- health in that area. 2. Though several contentions are raised, the main contention is that the detention order passed by the detaining authority is not in compliance with the requirement under Section 3(1) of the Act. Section 3(1) of the Act requires that an order can be passed if the detaining authority is satisfied on information received from a police officer not below the rank of a Superintendent of Police with regard to the activities of any known goonda or any known rowdy, that with a view to preventing such person from committing any anti social activity within the State of Kerala in any manner, it is necessary to preventively detaining him under the provisions of the said Act. It is seen from the impugned order that the same is passed on credible information from the SHO of Police Station, Kodumon. The first three paragraphs of the impugned order read as follows:- “I have received credible information from the SHO of Police Station Kodumon, vide his F.I.R.No.40/08 dated 8/2/08 through the Superintendent of Police, Pathanamthitta, against Sri.Vijayan @ Thalayara Vijayan, aged 42 years, W.P(Crl.)No.286 of 2008 -:3:- S/o.Narayanan, Palachuvattil Veedu, Angadikkal Vadakkum Muri, Angadikkal Village, Pathanamthitta District. I have examined the report carefully. The substance of the information received is as follows:- The above said Sri.Vijayan @ Thalayara Vijayan, S/o.Narayanan is a habitual criminal indulging in crimes against persons and properties. He is a nuisance and danger to the public. If he is allowed to go free he is likely to involve in more crimes and it will be a danger to life and properties of the public. I have evaluated the aforesaid information in the context of the circumstances pertaining to public safety, order and peace in Pathanamthitta District. I have also considered the facts reported with regard to Sri.Vijayan @ Thalayara Vijayan S/o.Narayanan.” Thereafter it is stated that the detaining authority is satisfied that Sri.Vijayan should be preventively detained. True, the grounds of detention would indicate that the Superintendent of Police had also filed a preliminary report dated 22-2-2008. But the order of detention refers only to the information furnished by the SHO of Police Station, Kodumon and it is based on that information that W.P(Crl.)No.286 of 2008 -:4:- the impugned order has been passed. 3. We have already held in the judgment in W.P.(Crl.) Nos.314 and 316 of 2008 that such an order passed based on the information furnished by the SHO of Police is invalid, being in violation of the requirement under Section 3(1) of the Act. In that view of the matter it is not necessary to refer to the other contentions raised by the petitioner. Ext.P1 order of detention No.B3-20138(2)/08 dated 16-6-2008 is quashed. The detenu Sri.Vijayan @ Thalayara Vijayan, S/o.Narayanan shall be released forthwith, if his detention is not required in any other case. The writ petition is allowed as above. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- W.P(Crl.)No.286 of 2008 ---------------------------- JUDGMENT 12th December 2008