Court dismisses petition challenging externment under Kerala Anti-Social Activities (Prevention) Act, citing adequately explained delay and ongoing criminal activities.
The Kerala High Court, in a significant decision, dismissed a writ petition challenging an externment order issued against Praveen, also known as Poocha Praveen, under the Kerala Anti-Social Activities (Prevention) Act, 2007. The court, comprising Dr. A.K. Jayasankaran Nambiar and Mr. Jobin Sebastian, found that the delay in passing the externment order was adequately justified and did not sever the connection between Praveen's last prejudicial activity and the purpose of the externment.
The externment order, issued by the Deputy Inspector General of Police, Thiruvananthapuram City, prohibited Praveen from entering the limits of Thiruvananthapuram City for six months. It was based on Praveen's classification as a "known goonda" and his repeated involvement in criminal activities, including a recent case under the NDPS Act.
The petitioner's counsel argued that the delay in initiating proceedings and passing the order broke the "live link" with the prejudicial activity, rendering the order unjustified. Additionally, the counsel contended that Praveen's execution of a bond under Section 107 of the Cr.P.C. should have been sufficient to curb his activities.
Contrarily, the Government Pleader maintained that the externment order was passed with due consideration and necessity, as Praveen continued his criminal activities despite the bond. The court concurred, emphasizing that the proceedings under Section 107 and the externment under the KAA(P) Act serve different purposes.
The court highlighted that while there was a short delay, it was necessary to collect and verify details of Praveen's criminal involvement. Furthermore, the externment order, being less intrusive than detention, warranted the delay. The court also stressed that the authorities had compelling reasons to issue the externment, as ordinary criminal proceedings were insufficient to deter Praveen's activities.
The judgment underscores the independent nature of externment proceedings and the necessity of such measures when other legal avenues fail to prevent ongoing criminal behavior. The dismissal of the petition affirms the court's stance on maintaining public safety and addressing persistent anti-social activities.
Bottom Line:
Kerala Anti-Social Activities (Prevention) Act, 2007 - Externment Order under Section 15(1)(a) - Delay in passing externment order adequately explained and does not snap the live link between the last prejudicial activity and the purpose of externment.
Statutory provision(s): Kerala Anti-Social Activities (Prevention) Act, 2007 Section 15(1)(a), Code of Criminal Procedure, 1973 Section 107
Praveen @Poocha Praveen v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2820092
