IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH APRIL, 2008 / 22ND CHAITHRA, 1930 WP(Crl.).No. 72 of 2008(S) ------------------------------- PETITIONER: ----------------- LINET BABY, AGED 34, W/O.BABY, PUTHUVA HOUSE, VAYALKARA, KUNNUKARA, ERNAKULAM DISTRICT. BY ADV. SRI.JAISON JOSEPH SRI.M.N.SANJITH RESPONDENTS: ------------------- 1. THE STATE OF KERALA REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DISTRICT COLLECTOR (DISTRICT MAGISTRATE), ERNAKULAM DIST. 4. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL. 5. THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR. 6. SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, ERNAKULAM DIST. BY SPL. GOVERNMENT PLEADER & LIAISON OFFICER SRI.K.K.RAVEENDRANATH. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(CRL) No. 72 OF 2008) PETITIONER'S EXHIBITS: Ext.P1: Copy of the order of detention dtd.31.3.2008. Ext.P2: Copy of the grounds for detention. Ext.P3: Copy of the proceedings before the third respondent. Ext.P4: Copy of the representation submitted by the detenu before second respondent. Ext.P5: Copy of representation submitted by the detenu before the Chairman, Advisory Board dtd.6.2.08. Ext.P6: Copy of representation dtd.6.2.08 submitted to 2nd respondent. Ext.P7: Copy of the order of approval of detention by the Home Dept. dtd.12.2.08. RESPONDENTS' EXHIBITS: Ext.R1(a): Copy of letter dtd.16.2.2008. Ext.R1(b): Copy of letter dtd. 16.2.2008. Ext.R3(a): Copy of the Memo for executing order of detention dtd.31.1.2008. Ext.R3(b): Jail Admission Authorization dtd.31.1.2008. Ext.R3(c): Copy of order of detention served on the detenu. Ext.R3(d): Copy of grounds of detention served on the detenu. Ext.R3(e): Copy of index of documents served on the detenu. -True Copy- P.A.to Judge. P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P(Crl).No. 72 of 2008 --------------------------------------------- Dated this the 11th day of April, 2008 J U D G M E N T Mohanan,J: The wife of one Baby, aged 39 years, S/o.Joseph, Puthuva House, Vayalkara, Kunnukara, Ernakulam District is the petitioner who, invoking the extra-ordinary jurisdiction of this Court by filing the above writ petition, prayed to issue a writ of habeas corpus or any other appropriate writ, direction or order directing the respondents to produce the detenu Baby before this Court and to release him forthwith. It is also prayed for the issuance of a writ of certiorari quashing Ext.P1. 2. We have heard the learned counsel for the petitioner as well as Sri.K.K.Raveendranath, the learned Special Government Pleader and the Liaison Officer. 3. Though the petitioner has taken several contentions based upon the particular facts and circumstances of the case, we are not inclined to go into the merits of those contentions as we have already taken a view in similar issue in a decision of this Court dated WP(Crl) NO. 72 of 2008 :-2-: 4.4.2008 in an identical case, i.e., W.P(Crl) No.71 of 2008. The main challenge is against Ext.P1 order issued by the third respondent by which in exercise of the powers vested in him under Sections 3(1) and 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (Act 34 of 2007) , the husband of the petitioner is ordered to detain with immediate effect for a further period of six months and accordingly, the detenu was detained in the Central Prison on 2.2.2008, it is alleged. In view of the decision of the Apex Court reported in Makhan Singh Tarsikka v. State of Punjab (AIR (39) 1952 SC 27) (C.N.7) which we have referred to in our decision dated 4.4.2008 in W.P(Crl) No.71 of 2008, Ext.P1 order of the third respondent is not sustainable. Accordingly, Ext.P1 order is liable to be quashed. 4. In the result, Ext.P1 order is quashed and the respondents are directed to release the detenu, Baby, aged 39 years, S/o.Joseph, Puthuva House, Vayalkara, WP(Crl) NO. 72 of 2008 :-3-: Kunnukara, Ernakulam District forthwith, if he is not required in any other case. The above writ petition is allowed to the above extent and no order as to costs. Sd/- P.R.RAMAN, Judge Sd/- V.K.MOHANAN, Judge MBS/ -True Copy- WP(Crl) NO. 72 of 2008 :-4-: P.R.RAMAN & V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T WP(Crl) NO. 72 of 2008 :-5-: DATED: -2007 WP(Crl) NO. 72 of 2008 :-6-: