Externment order - Non-consideration of sufficiency of bail conditions renders the order unsustainable.
Kerala High Court Quashes Externment Order Against Saju S; Highlights Inadequate Consideration of Bail Conditions. Court emphasizes the need for authorities to assess bail conditions before resorting to preventive detention under Kerala Anti-Social Activities (Prevention) Act, 2007.
In a significant judgment, the Kerala High Court has set aside an externment order against Saju S, a petitioner interdicted from entering Thiruvananthapuram Revenue District under the Kerala Anti-Social Activities (Prevention) Act, 2007. The court held that the jurisdictional authority failed to adequately consider the bail conditions imposed on the petitioner, rendering the order unsustainable due to non-application of mind.
The bench, comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian JJ, reviewed the externment order passed by the Deputy Inspector General of Police, Thiruvananthapuram Range, upon a proposal submitted by the District Police Chief. The petitioner was classified as a "known rowdy" following recurrent involvement in criminal activities. However, the court noted that while the petitioner was on bail with stringent conditions, the sufficiency of these conditions was not evaluated by the jurisdictional authority.
The judgment emphasized that preventive detention measures, such as externment, should only be invoked when ordinary criminal law remedies are deemed insufficient to deter criminal behavior. This approach is crucial, as such detention impacts an individual's fundamental and personal rights.
The court highlighted the failure of the jurisdictional authority to consider existing bail conditions, including restrictions on entering certain areas, which were imposed by the Additional Sessions Court-II, Thiruvananthapuram. This oversight, according to the court, demonstrated a lack of application of mind by the authority.
The High Court's decision underscores the importance of procedural safeguards and judicial scrutiny in preventive detention cases, ensuring that authorities cannot bypass established legal remedies without substantial justification. The judgment serves as a reminder of the balance between public safety and individual rights, and the necessity for authorities to meticulously assess all relevant factors before resorting to preventive detention.
Bottom Line:
Externment order passed under Kerala Anti-Social Activities (Prevention) Act, 2007 - Non-consideration of sufficiency of bail conditions imposed on the petitioner while granting anticipatory bail renders the externment order unsustainable.
Statutory provision(s): Kerala Anti-Social Activities (Prevention) Act, 2007, Section 15(1)(a), Article 226 of the Constitution of India
Saju S v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2782622
