Though Court Has No Jurisdiction To Alter Period Of Detention Under Preventive Detention Law, Article 21 Can Be Invoked In Exceptional Circumstances To Order Release: Kerala HC

The petitioner was involved in more than 19 cases, mostly related to Sections 406 and 420 of the Indian Penal Code.

A Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen held, “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.”

This issue before the Court was whether the Court can modify the period of detention under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA Act).

Advocate Biju Antony Aloor appeared for the Petitioner.

Upon reviewing the order, the Court found no reason to interfere, considering the pattern of the petitioner's anti-social activities as a potential threat to public order. However, the Court considered modifying it on humanitarian grounds.

The government pleader, relying on precedent, argued that the court lacked jurisdiction to alter the period of detention under Section 3 of the KAAPA Act. The Court acknowledged this limitation but emphasized that, in exceptional circumstances, the constitutional court can recognize the right under Article 21 of the Constitution, ensuring life and liberty, and order release.

In this case, considering the detenue's daughter's advanced pregnancy and the detenue's claim that there is nobody to take care of her daughter and child, the Court, on humanitarian grounds, the Court decided to modify the period of detention. The documents provided confirmed the daughter's advanced pregnancy, and since the detenue had already undergone a substantial period of detention, the Court ordered her release from jail one month before the scheduled expiration of the further period of detention.

As a result, the Writ Petition Criminal was disposed of accordingly.

Cause Title: Sreeja v. State Of Kerala & Ors., [2023:KER:68791]

Click here to read/download Judgment