Kerala High Court
Muhammed Naseem vs Inspector General Of Police
Author: Babu Mathew P. Joseph
Bench: Thottathil B.Radhakrishnan, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 26TH DAY OF SEPTEMBER 2014/4TH ASWINA, 1936
WP(C).No. 17854 of 2014 (F)
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PETITIONER:
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MUHAMMED NASEEM, AGED 21 YEARS
S/O NASEER, MOOTHETH HOUSE, CHUNGAM
PAPPINISSERRI AMSOM DESOM, KANNUR DISTRICT.
BY ADV. SRI.K.RAJESH SUKUMARAN
RESPONDENT:
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INSPECTOR GENERAL OF POLICE
KANNUR RANGE, KANNUR-670001.
SR. GOVT. PLEADER SMT.KOCHUMOL KODUVATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17854 of 2014 (F)
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APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE ORDER DATED 22.4.2014 IN A3/18852/2013 K.R
PASSED BY THE RESPONDENT.
EXHIBIT P2: COPY OF THE REPRESENTATION/PETITION IN OP 47/2014 FILED
BEFORE THE ADVISORY BOARD.
EXHIBIT P3: TRUE COPY OF THE ORDER DATED 24.6.2014 IN OP 47/2014 OF THE
ADVISORY BOARD UNDER THE KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION)
ACT 2007.
................
THOTTATHIL B. RADHAKRISHNAN
&
BABU MATHEW P. JOSEPH, JJ.
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W. P. (C) No.17854 of 2014
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Dated this the 26th day of September, 2014
JUDGMENT
Thottathil B. Radhakrishnan, J.
This writ petition under Article 226 of the Constitution of India is instituted seeking that an order issued under Section 15(1) of Kerala Anti-Social Activities (Prevention) Act, 2007, for short, "KAAPA", be set aside. The impugned Ext.P1 externment order passed on 22/04/2014 served was on the petitioner on 29/04/2014.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Going by the writ petition and the affidavit therewith, the petitioner is aged 21 years. Though he says that he has to take care of his mother and his younger sister as his father married another woman and is living elsewhere, the fact remains that he is found, on W. P. (C) No.17854 of 2014 -2- investigation by the competent police officer, of having committed offences enumerated in Section 2(t) of KAAPA in four separate instances. Obviously therefore, he falls within the definition of "known rowdy" in Section 2(p)(iii) of that Act.
4. Reports under Section 173 Cr.P.C have been laid before the jurisdictional criminal court in all the aforenoted four criminal cases. The petitioner stands enlarged by that court through different bail orders, it is submitted. However, we are unable to see those bail orders since they are not made available here.
5. But, the impugned order discloses that proceeding under Section 107 Cr.P.C was initiated against the petitioner and that it did not conclude either way. May be that, the authorities relevant for that provision are of the view that such proceeding may be futile, in its ultimate analysis. But, we see that Ext.P1 does not contain any finding that the proceeding under Section 107 Cr.P.C is insufficient to deal with the petitioner. On the face of the non-consideration of W. P. (C) No.17854 of 2014 -3- the question as to whether proceeding under Section 107 Cr.P.C, which was already initiated, was sufficient or not, applying the ratio of the decision of this Court in Abidha Beevi v. State of Kerala [2013 (1) KLT 286], the impugned Ext.P1 order may warrant interference.
6. At the same time, it has also to be ensured that the judicial process in the four criminal cases which have reached the stage of filing the report under Section 173 of Cr.P.C. has also to be permitted to be carried by the prosecutor and under the control of the jurisdictional judicial officer.
7. A control over the movements, whereabouts and availability of the petitioner is an absolute need in view of the public need to exclude him from indulging in anti-social activities and ensuring the safety of individuals and of properties - public and private. Hence, he can be subjected to controlled restrictions, rather than keep him exclusively out of the jurisdiction of the district of Kannur, that too, for the period of one year which is the maximum period for W. P. (C) No.17854 of 2014 -4- which such an order could have been issued under Section 51A of KAAPA. In view of what is aforesaid, we think that this is an appropriate case where the impugned Ext.P1 externment order calls for interference, though not in toto. We think it apposite to apply the ratio of Ashraf v. Inspector General of Police [(2014 (3) KLT 722) & (2014 (3) KHC 695 (DB)] which points out that the constitutional power of the High Court under Article 226 can be used to mould reliefs as situation demands and extension of such situational justice would only be in furtherance of balancing the liberty issue projected by the petitioner and the public interest in such issues, including the need to maintain law, order and public tranquility by prevention of crimes, as are sought to be obtained by the restrictive covenants of KAAPA.
In the result, Ext.P1 is superseded in exercise of authority under Article 226 of the Constitution of India and it is ordered that the petitioner shall report to the Station House Officer of Valapattanam Police Station on all W. P. (C) No.17854 of 2014 -5- Wednesdays between 12 noon and 1.00 p.m. commencing from 1st of October, 2014. Such requirement to appear, shall be till and including 28/01/2015. This would be in addition to conditions, if any, imposed by the criminal courts in any bail orders which govern the petitioner. This shall be monitored appropriately by the Station House Officer, Valapattanam Police Station and that officer will have necessary authority to issue instructions for surveillance of the petitioner, if needed.
The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/-
BABU MATHEW P. JOSEPH JUDGE kns/-
//TRUE COPY// P.A. TO JUDGE W. P. (C) No.17854 of 2014 -6-