A.Muhamed Mustaque (J)
This writ of habeas was filed by the mother of the detenu. This is the 5th detention order of the detenu. The last prejudicial activity of the detenu was
stated to be occurred on 24.05.2023, in which he was the third accused. The defacto complainant was one Devan. It is alleged that the detenu
attacked the defacto complainant by hitting his chest using the detenu’s hand. It is also noted that, on the same day, another crime was registered
on a first information given by Sub Inspector of Police, Ollur Police Station, alleging damage to the police vehicle. The Sponsoring Authority filed
report on 13.07.2023. The detention order was passed on 03.08.2023. The detenu was released on 17.06.2023 after the last prejudicial activity. We do
not find that the last crime is significant enough to hold that the detenu is a threat to public order. Here the crime may attract the provisions under the
Kerala Anti-Social Activities (Prevention) Act, (for short “the KAAPAâ€) 2007, but what is to be considered is that whether the role of detenu in
such a crime poses a threat to society at large.
Considering the nature and solitariness of the crime committed by the detenu and the fact that the detenu is being detained successively for the reason
that he is involved in successive crimes, we are of the view that this is not a fit case where KAAPA proceedings have to be invoked by the authority.
The idea under the KAAPA is not to penalize the persons but to ensure that repetition of the offence is prevented. Adverting to the nature of the
case, we are of the view that this is a fit case where the impugned order has to be set aside and we direct the prison authorities to release the detenu
forthwith, if his detention is not otherwise required under law.
The Writ Petition is dismissed accordingly.
