High Court of KeralaDivision BenchWrit petition dismissed; detention order upheld.

Ramla P.K and Rubiya P.K v. State of Kerala and others

Case / Petition Number:WP(CRL.) NO. 418 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
  • S. Manu
Judgment Date
2024-05-28
Court Decision / Holding
Writ petition dismissed; detention order under KAAPA upheld; no interference with the detention order.
Final Disposition
Writ petition dismissed; detention order upheld.

Parties to the Case

Appellants / Petitioners

  • Ramla P.K
  • Rubiya P.K

Respondents

  • State of Kerala represented by the Additional Chief Secretary to Government of Kerala (Home Department), Secretariat, Thiruvananthapuram
  • District Collector and District Magistrate, Civil Station Building, Kasaragod, Kerala
  • District Police Chief, Kasaragod Town, Kasaragod District, Kerala
  • Deputy Superintendent of Police, Kanhangad, Kasaragod District, Kerala
  • Chairman, Kerala Antisocial Activities Prevention Act (KAAPA) Advisory Board, Padom Road, Vaduthala, Ernakulam
  • Inspector of Police, Hosdurg Police Station, Kasaragod District, Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Rahul Sasi
  • • Neethu Prem
  • • P. Ardra Menon
  • • Alfin Nadarshaw
  • • Anjana V.

Counsels for Respondents

  • • K.A. Anas (PP)

Case Synopsis & Summary

The petitioners, Ramla P.K and Rubiya P.K, father of Naseer P.K., challenge the detention of Naseer P.K. under the Kerala Anti Social Activities (Prevention) Act, 2007 (KAAPA). The detention order, dated 8 January 2024, relies on a tally of crimes from 2018 to 2023, including multiple FIRs/CRs at Hosdurg, Chandera, and Tirur police stations. The petition asserts procedural omissions and substantive flaws: no legible copy of the grounds of detention was served and no reference is made to bail conditions in the last crime while granting bail to the detenu; it also contends that the inclusion of Crime No. 245/2019, a civil dispute, inflates the count of crimes for KAAPA purposes. The petitioner relied on a court decision in Mary Salma v. State of Kerala (2021 KHC 127). In response, the court notes that Ext.P13 is legible and that the detenu could have objected by representation if not; it highlights that all referenced crimes post-2018 pertain to the detenu’s activities and there was an application of mind despite bail conditions. It also observes a three-month delay in passing the detention order but finds no fatal defect. Ultimately, the court dismisses the writ petition, upholding the detention order.

Provisions of Law Cited

Kerala Anti Social Activities (Prevention) Act, 2007 - Section 3Constitution of India, Article 226

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the detention order is vitiated for lack of a legible copy of the grounds of detention and for failure to furnish materials referred to in the grounds (Ext.P13). They contend that tying the detenu to eleven crimes, including a civil dispute (Crime No. 245/2019), inflates the KAAPA count and may not be valid for detaining under KAAPA. They relied on the decision in Mary Salma v. State of Kerala (2021 KHC 127) to challenge the procedure and the necessity of timely representation and action. They also pointed to the three-month delay in passing the order and asserted that there was no adequate application of mind regarding bail conditions and past offences.

Contentions of Respondents

The respondents maintained that Ext.P13 is legible and that all crimes cited relate to the detenu’s conduct from 2018 onward. They argued that bail conditions were not required to be enumerated in the order and that there was an application of mind to the detaining circumstances; delay of about three months did not vitiate the detention order. They emphasized continued criminal activity despite bail and noted that the detenu was released on bail before the detention order was issued. They maintained that the grounds were adequate to justify detention under KAAPA.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Mary Salma v. State of Kerala and others2021 KHC 127Mentioned OnlyPetitioner relied on this decision; the judgment does not appear to have been applied, distinguished, or overruled in the Court's reasoning.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(CRL.) NO. 418 OF 2024** **1** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MR. JUSTICE S.MANU** **TUESDAY, THE 28[TH] DAY OF MAY 2024 / 7TH JYAISHTA, 1946** **WP(CRL.) NO. 418 OF 2024** ## **PETITIONER/S:** **1 RAMLA P.K AGED 65 YEARS W/O ABDULLA, PARAKADAVATH HOUSE, VALIYAPARAMB VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671315 2 RUBIYA P.K AGED 33 YEARS D/O ABDULLA, PARAKADAVATH HOUSE, VALIYAPARAMB VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671315** **BY ADVS. RAHUL SASI NEETHU PREM P.ARDRA MENON ALFIN NADARSHAW ANJANA V.** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF KERALA (HOME DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE CIVIL STATION BUILDING, B.C. ROAD, VIDYANAGAR KASARAGOD, KERALA, PIN - 671123** - **3 THE DISTRICT POLICE CHIEF KASARAGOD TOWN, KASARAGOD DIST. KERALA, PIN - 671123** - **4 THE DEPUTY SUPERINTENDENT OF POLICE KANHANGAD, KASARAGOD DISTRICT, KERALA, PIN - 671315** **WP(CRL.) NO. 418 OF 2024** **2** **5 THE CHAIRMAN KERALA ANTISOCIAL ACTIVITIES PREVENTION ACT (KAAPA) ADVISORY BOARD, PADOM ROAD, VADUTHALA, ERNAKULAM., PIN - 682023** **6 THE INSPECTOR OF POLICE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT, KERALA, PIN - 671315** **BY ADVS. SRI.K.A.ANAS (PP)** **THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(CRL.) NO. 418 OF 2024** **3** ## **JUDGMENT** ## **Dated this the 28[th] day of May 2024** ## A.Muhamed Mustaque, J. Petitioner is the father of the detenu, namely Naseer.P.K. Naseer P.K. has been detained invoking the provisions of Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (KAAPA Act). Petitioner is involved in the following crimes. Crime No. Date Crime No.632/2018 17.06.2018 Crime No.908/2018 03.10.2018 Crime No.245/2019 31.03.2019 Crime No.975/2020 26.09.2020 Crime No.442/2021 05.06.2021 Crime No.1260/2021 14.12.2021 Crime No.374/2022 07.04.2022 Crime No.550/2022 10.06.2022 Crime No.550/2022 28.04.2022 **WP(CRL.) NO. 418 OF 2024** **4** Crime No.686/2022 10.10.2022 Crime No.972/2023 04.10.2023 2. The detention order was questioned on the following grounds: No legible copy of the grounds of detention was served. No reference was made as to the bail conditions imposed in last crime while granting bail to the detenu. The third Crime No.245/2019 is only related to a civil dispute and cannot be include for reckoning the number of crimes for the purpose of KAAPA Act. The Petitioner also relied upon the judgment of this Court in _**Mary Salma v. State of Kerala and others 2021 KHC 127** ._ 3. In regard to legibility of Ext.P13, we find his contention is untenable. Ext.P13 is legible and readable. The Petitioner has a case that he has not been served with the materials referred in Ext.P13. It is to be noted that petitioner also has a case that he has not been served with grounds of detention. If he had a case that, Ext.P13 is not legible and he was not given the materials referred in the grounds of detention, he should have raised his objection by way of a representation. However, we note that all the cases referred in **WP(CRL.) NO. 418 OF 2024** **5** the grounds of detention are related to the crime committed by him and all those crimes were registered from the year 2018 onwards. 4. Having not raised any objection immediately after the service of detention order, he cannot challenge the same under Article 226 of the Constitution of India. Admittedly he has not raised a plea before the Advisory Board as well. In regard to the second objection, the bail conditions were not referred in the impugned order. We note that the petitioner is involved in 11 crimes. The last crime was on 04.10.2023 and he was arrested on 06.10.2023 and released on 21.11.2023. The detention order was passed on 08.01.2024 and there was a delay of three months in passing the detention order. In paragraph 8 of the order of detention, the detention authority referred that he continued to commit offences violating bail conditions. It is true,and it may be related to the past offences. Nevertheless, we hold that there was application of mind as to the nature of activity in spite of the bail conditions so imposed by granting a bail. In such circumstances it cannot be said that there was no application of mind as to the bail conditions imposed in the detention order. It is to be noted that he was released on bail on 21.11.2023 and detention order was passed **WP(CRL.) NO. 418 OF 2024** **6** on 08.01.2024. It cannot said that there is considerable delay to vitiate the detention order. In such circumstances, we do not find any reason to interfere in this matter. Hence the writ petition is dismissed. Sd/ **A.MUHAMED MUSTAQUE JUDGE** sd/ **S.MANU JUDGE** **jm/** **WP(CRL.) NO. 418 OF 2024** **7** ## **APPENDIX OF WP(CRL.) 418/2024** ## **PETITIONER EXHIBITS** |**Exhibit P1**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| |---|---| ||**CRIME NO.632 OF 2018 DATED 17.06.2018 OF**| ||**HOSDURG POLICE STATION**| |**Exhibit P2**|**THE TRUE COPY OF THE FIR ALONG WITH FIR RELATED**| ||**RECORDS AND FINAL REPORT IN CRIME NO. 908 OF**| ||**2018 OF HOSDURG POLICE STATION DATED 03.10.2018**| |**Exhibit P3**|**THE TRUE COPY OF THE FIR ALONG WITH FIR RELATED**| ||**RECORDS AND FINAL REPORT IN CRIME NO.245 OF**| ||**2019 DATED 31.03.2019 OF HOSDURG POLICE STATION**| |**Exhibit P4**|**THE TRUE COPY OF THE FIR AND RELATED RECORDS IN**| ||**CRIME NO. 975 OF 2020 DATED 26.09.2020 OF TIRUR**| ||**POLICE STATION**| |**Exhibit P5**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| ||**CRIME NO.442 OF 2021 DATED 05.06.2021 OF**| ||**HOSDURG POLICE STATION**| |**Exhibit P6**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| ||**CRIME NO.1260 OF 2021 DATED 14.12.2021 OF**| ||**HOSDURG POLICE STATION**| |**Exhibit P7**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| ||**CRIME NO.374 OF 2022 DATED 07.04.2022 OF**| ||**CHANDERA POLICE STATION**| |**Exhibit P8**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| ||**CRIME NO.550 OF 2022 DATED 10.06.2022 OF**| ||**CHANDERA POLICE STATION**| |**Exhibit P9**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| ||**CRIME NO.550 OF 2022 DATED 28.04.2022 OF**| ||**HOSDURG POLICE STATION**| |**Exhibit P10**|**THE TRUE COPY OF THE FIR AND FINAL REPORT IN**| ||**CRIME NO.686 OF 2022 DATED 10.10.2022 OF**| ||**NILESHWARAM POLICE STATION**| |**Exhibit P11**|**THE TRUE COPY OF THE FIR IN CRIME NO. 972 OF**| ||**2023 DATED 04.10.2023 OF CHANDERA POLICE**| **WP(CRL.) NO. 418 OF 2024** **8** ## **STATION** |**Exhibit P12**|**A TRUE COPY OF THE REPORT NO. 6866/SB/KSD/2023**|**A TRUE COPY OF THE REPORT NO. 6866/SB/KSD/2023**| |---|---|---| ||**DATED 28.11.2023 OF THE 3RD RESPONDENT**|**AND**| ||**SUBMITTED BEFORE THE 2ND RESPONDENT**|| |**Exhibit P13**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**ORDER**|**NO.**| ||**DCKSGD/12376/2023/D1 DATED 08.01.2024**||