Sreeja @ Sini vs State Of Kerala

A.Muhamed Mustaque (J)

The issue that arises in this writ petition after hearing the learned Counsel for the petitioner and the learned Government Pleader is that whether this Court can modify the period of detention of the detenue under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short “the KAAPA Act”).

Having gone through the impugned order, we find no reason to interfere with this order, inasmuch as the same was issued to secure the public order. The petitioner herein is a lady, who is involved in more than 19 cases. All most all the cases of the petitioner are related under Sections 406 and 420 of IPC.

When a person indulge in anti-social activity, which has become a pattern, then it becomes an issue related to public order. In that sense, we find no reason to interfere with the impugned order. However, the learned Counsel for the petitioner submitted that, the petitioner is a lady and her daughter is in her advanced stage of pregnancy. It is further submitted that an order may be issued to release her to take care of her daughter and child. It is in this context, the question relating to the modification of the detention order arises for consideration before this Court.

The learned Government Pleader placing reliance on the judgment of this Court in Kumaran v. District Collector reported in 2015(4) KLT 911, submits that the Court has no jurisdiction to alter the period of detention under Section 3 of the KAAPA. The learned Government Pleader is justified in making such submission as normally the Court cannot interfere with the detention order of the detenue under Section 3(1) of KAAPA Act. However, nothing prevents the constitutional Court from recognising the right under Article 21 under the peculiar circumstances in which an individual is placed. In exceptional circumstances, the recognition invoking Article 21 of the Constitution of India, the Court can order release of such person who is detained in custody. This order is not with reference to invoking statutory provision but with reference to superior right available to such person on a justifiable ground under Article 21 of the Constitution to ensure life and liberty of such citizens and others. It is pleaded before us that nobody is there to take care of her daughter and child and on humanitarian grounds, the period of detention be modified.

The documents produced before this Court establishes that the daughter is in her advanced stage of pregnancy and she needs care and protection from her mother, who is the detenue. The detenue had already undergone substantial period of detention and further period of detention will expire on 15.12.2023. In such circumstances, we are of the view that the detenue shall be released from the jail on 14.11.2023, without serving further period of detention nearly one month.

The Writ Petition Crminal is disposed of accordingly.