{"id":250871,"date":"2010-10-27T00:00:00","date_gmt":"2010-10-26T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shyla-vs-state-of-kerala-on-27-october-2010"},"modified":"2015-02-14T11:38:53","modified_gmt":"2015-02-14T06:08:53","slug":"shyla-vs-state-of-kerala-on-27-october-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shyla-vs-state-of-kerala-on-27-october-2010","title":{"rendered":"Shyla vs State Of Kerala on 27 October, 2010"},"content":{"rendered":"
Kerala High Court<\/div>\n
Shyla vs State Of Kerala on 27 October, 2010<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nWP(Crl.).No. 347 of 2010(S)\n\n\n1. SHYLA,W\/O.MUJEEB,EDATHARA VEEDU,\n                      ...  Petitioner\n\n                        Vs\n\n\n\n1. STATE OF KERALA,REPRESENTED BY THE\n                       ...       Respondent\n\n2. THE DISTRICT COLLECTOR AND DISTRICT\n\n3. THE SUPERINTENDENT OF POLICE,\n\n4. THE CIRCLE INSPECTOR OF POLICE,\n\n5. THE SUPERINTENDENT,CENTRAL PRISON,\n\n                For Petitioner  :SRI.B.MOHANLAL\n\n                For Respondent  :GOVERNMENT PLEADER\n\nThe Hon'ble MR. Justice R.BASANT\nThe Hon'ble MR. Justice M.L.JOSEPH FRANCIS\n\n Dated :27\/10\/2010\n\n O R D E R\n                             R. BASANT &\n                  M.L. JOSEPH FRANCIS, JJ.\n               - - - - - - - - - - - - - - - - - - - - - - - - - -\n                   W.P.(Crl.) No. 347 of 2010 S\n               - - - - - - - - - - - - - - - - - - - - - - - - - -\n            Dated this the 27th day of October, 2010\n\n                              JUDGMENT\n<\/pre>\n
Basant, J.\n<\/p>\n
      The petitioner has come to this court with this petition for<\/p>\n
issue of a writ of Habeas Corpus to direct the production and<\/p>\n
release from custody of her husband, Mujeeb, (hereinafter<\/p>\n
referred to as the detenue), who stands preventively detained as<\/p>\n
per Ext.P1 order dt. 4.5.2010 passed under Section 3 of the<\/p>\n
Kerala Anti-social Activities (Prdevention) Act,                   (hereinafter<\/p>\n
referred to as KAAPA).\n<\/p>\n
      2.   The order of detention is passed                     by the second<\/p>\n
respondent, District Magistrate, on the basis of a report of the<\/p>\n
Sponsoring Authority i.e. the third respondent, Superintendent of<\/p>\n
Police. In execution of Ext.P1 order, the detenu was taken into<\/p>\n
custody on 15.5.2010. The order of detention was approved by<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                     2<\/span><\/p>\n
the Government under Section 3(3) by order dt. 26.5.2010. The order of<\/p>\n
detention was later confirmed under Section 10(4) of the KAAPA vide<\/p>\n
Ext.P2 order dt. 16.7.2010. The detenu continues in custody from<\/p>\n
15.5.2010 and will have to remain in custody till 15.11.2010.<\/p>\n
     3. The detenu has been categorised as a ‘known rowdy’. According<\/p>\n
to the Sponsoring\/Detaining Authorities there are five cases registered<\/p>\n
against him. The details of the five cases are given below.<\/p>\n
\n\n\n\n\n Sl.      Crime No. &        Date of    Offences   State of cases Victim\/defacto\n\n No.     Police Station      offence    alleged                   complainant\n     626\/06 of Sasthamcotta            324 & 308    Acquitted the   Shameer\n         Police Station                    IPC<\/a>      accused on\n 1                          03\/12\/06                 30.9.2010\n      19\/08 of Sasthamcotta            294B, 308,   Pending trial      Arifa\n\n          Police Station                452, 427,\n                                      323, 354 r\/w.\n 2                          10\/01\/08     34 IPC<\/a>\n\n     718\/08of Sasthamcotta             341, 294B,   Pending trial   Ravindran\n          Police Station              323, 324 r\/w.\n 3                          01\/12\/08     34 IPC<\/a>\n<\/pre>\n
     729\/09 of Sasthamcotta 21.10.2009 452, 427 and Pending trial Abdul Azeez
\n 4        Police Station                323 IPC<\/a><\/p>\n
     160\/10 of Sasthamcotta            341, 427 and Pending trial      Shiju
\n 5       Police Station     07\/02\/10    323 IPC<\/a><\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    3<\/span><\/p>\n
The first case was pending trial.   The order of acquittal was recorded in<\/p>\n
that case on 30.9.2010 by the Sessions Court, Kollam after the order of<\/p>\n
detention was passed.\n<\/p>\n
      4. Detailed arguments have been advanced by the learned counsel<\/p>\n
for the petitioner and the learned Senior Government pleader.           The<\/p>\n
learned counsel for the petitioner assails the impugned order on the<\/p>\n
following four grounds.\n<\/p>\n
      i) The latter subjective satisfaction under Section 3 of the KAAPA<\/p>\n
has not been entertained after due application of mind.<\/p>\n
      ii) Case Sl. No.1 has resulted in acquittal subsequently and should<\/p>\n
not hence be taken into reckoning now to decide whether the detenu is a<\/p>\n
‘known rowdy’ under Section 2(p)<\/a>.\n<\/p>\n
      iii) Cases, Sl. Nos. 2, 4 and 5 must have been excluded from<\/p>\n
consideration as they fall under the provisos (i) and (ii) of Section 2(p) of<\/p>\n
the KAAPA.\n<\/p>\n
      iv) At any rate, the Detaining Authority must have noticed that all<\/p>\n
the five cases relied on by the prosecution even if accepted in toto<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    4<\/span><\/p>\n
amount only to a threat to law and order and not to public order.<\/p>\n
       5.   Ground No.(i):     It is by now     well settled that both the<\/p>\n
initial\/threshold   objective satisfaction as also the latter subjective<\/p>\n
satisfaction   must   be    entertained   by   the   Detaining     Authority<\/p>\n
simultaneously before an order of detention is passed under Section 3 of<\/p>\n
the KAAPA. The twin satisfactions must be entertained after proper<\/p>\n
application of mind to the materials available. Under this ground, it is<\/p>\n
contended that, there has been no proper application of mind to decide<\/p>\n
whether the latter subjective satisfaction can be legally entertained.<\/p>\n
       6. We have been taken through the order of detention as well as the<\/p>\n
grounds of detention. Five cases are relied on by the prosecution. At the<\/p>\n
time when the order was passed, final reports had been filed in all these<\/p>\n
five cases after due investigation and the detenu was found to be guilty of<\/p>\n
the offences alleged against him by the Investigating Police Officer on<\/p>\n
investigation. The allegations relate to events\/crimes committed within<\/p>\n
the past seven years. Crimes were committed on dates shown in Col. 3 of<\/p>\n
the tabular column       referred to above i.e. 3.12.2006, 10.1.2008,<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                     5<\/span><\/p>\n
1.12.2008, 21.10.2009 and 7.2.2010. A reading of the order of detention<\/p>\n
and grounds of detention clearly show that the Detaining Authority<\/p>\n
entertained the former\/ threshold objective satisfaction on the basis of the<\/p>\n
five cases referred above, which allegedly brings the detenu within the<\/p>\n
sweep of the definition of ‘known rowdy’ in Section 2(p)<\/a>. Challenge<\/p>\n
against that satisfaction shall be considered by us later.<\/p>\n
      7.  The latter subjective satisfaction was entertained on the basis of<\/p>\n
the very five cases, which are referred to in the tabular columns. A<\/p>\n
reading of the order of detention and the grounds of detention clearly<\/p>\n
show that the Detaining Authority applied his mind to the five cases<\/p>\n
referred to in the tabular column and entertained the satisfaction that the<\/p>\n
detenu deserves to be detained preventively.\n<\/p>\n
      8. We have no hesitation to agree with the learned counsel for the<\/p>\n
petitioner that the mere fact that a person is a ‘known rowdy’ cannot<\/p>\n
automatically entail an order of preventive detention under Section 3<\/a>.<\/p>\n
The threshold satisfaction must be entertained. Having entertained such<\/p>\n
threshold satisfaction, the Detaining Authority must further consider<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    6<\/span><\/p>\n
whether the latter subjective satisfaction – as to whether detention of the<\/p>\n
person is necessary to deter him from indulging in anti-social activities,<\/p>\n
can be entertained or not. The order of detention and the grounds of<\/p>\n
detention clearly show that mind was applied by the Detaining Authority<\/p>\n
to this aspect of the matter.  The law of preventive detention has often<\/p>\n
been referred to as the jurisprudence of suspicion. A person is denied<\/p>\n
liberty and freedom under the law of preventive detention not punitively<\/p>\n
but because of the suspicion and assessment that he may abuse his<\/p>\n
freedom and liberty to the detriment and peril of public order. It is on the<\/p>\n
basis of judicious assessment and evaluation of his propensity to disturb<\/p>\n
public order firmly founded on the past conduct of the individual, that the<\/p>\n
decision to detain him must be taken. That subjective evaluation and<\/p>\n
assessment is not appealable.   It is not justiciable. But it must be on the<\/p>\n
basis of definite material.    Mind must be applied by the Detaining<\/p>\n
Authority to such material before the decision to preventively detain the<\/p>\n
detenu is taken.     The very cases which induce the former objective<\/p>\n
satisfaction under Section 3 of the KAAPA can validly induce the latter<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                      7<\/span><\/p>\n
subjective satisfaction also provided live link and proximate nexus exist<\/p>\n
between the past contumacious conduct and the need to detain.       In this<\/p>\n
case we find that such materials are there and the Detaining Authority, as<\/p>\n
revealed from Ext,P1 and the Grounds of detention, had applied his mind<\/p>\n
to the relevant aspects. We find no merit in the contention that there is<\/p>\n
no indication revealed from Ext.P1 and the grounds of detention to<\/p>\n
evidence proper application of mind and the entertainment of the latter<\/p>\n
subjective satisfaction. The challenge raised on Ground No.1 must, in<\/p>\n
these circumstances, fail.\n<\/p>\n
      9. Ground No.(ii): When the detenu was sponsored for detention<\/p>\n
and when the impugned order was passed on 4.5.2010, case, Sl.No. 1 had<\/p>\n
been charge sheeted and the same was pending trial. It is true that the<\/p>\n
said case ended in acquittal after the order of detention was passed on<\/p>\n
30.9.2010 while the detenu was undergoing detention.          The learned<\/p>\n
counsel for the petitioner submits that such case which ended in acquittal<\/p>\n
cannot at all be taken into consideration now to justify either the former<\/p>\n
objective satisfaction or the latter subjective satisfaction.<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                     8<\/span><\/p>\n
      10. The learned Government Pleader immediately counters this<\/p>\n
contention by raising the plea that      mere acquittal does not obliterate<\/p>\n
case, Sl.No.1, relied on by the Sponsoring\/Detaining Authority.          The<\/p>\n
reason for the subsequent acquittal is not revealed. If a known rowdy is<\/p>\n
able to intimidate a victim, make his evidence unavailable to the court<\/p>\n
and thus secures an order of acquittal subsequently that cannot lead<\/p>\n
mechanically to the obliteration of that circumstance. More detailed<\/p>\n
consideration of the nature of the acquittal is necessary at any rate submits<\/p>\n
the learned Government Pleader. The learned Government Pleader<\/p>\n
however submits that for the sake of arguments in this case, Sl.No.1 need<\/p>\n
not be taken into consideration. The former objective satisfaction as well<\/p>\n
as the latter subjective satisfaction has been entertained validly and those<\/p>\n
satisfactions can be shown to be perfectly justified by cases, Sl.Nos. 2 to<\/p>\n
5 shown in the tabular columns, submits the learned Government Pleader.<\/p>\n
In these circumstances, we are not going into this ground in any greater<\/p>\n
detail.\n<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                   9<\/span><\/p>\n
      11.  Ground No.(iii): The       learned counsel for the petitioner<\/p>\n
contends that   cases, Sl. Nos. 2, 4 and 5 must be eschewed from<\/p>\n
consideration as they fall within provisos (i) and (ii) of Section 2(p)<\/a>.<\/p>\n
According to the learned counsel for the petitioner, case Sl. No.2 and<\/p>\n
Case Sl. No.5 relate to incidents between the detenu as a member of the<\/p>\n
family of the victim and therefore the same must be eschewed from<\/p>\n
consideration under proviso (i) of      Section 2(p)<\/a>.    It is his further<\/p>\n
contention that cases Sl. Nos. 2 and 4 relate to incidents between the<\/p>\n
victims, who are neighbours of the detenu and that such instances had<\/p>\n
occurred only because of disputes between the immediate neighbours.<\/p>\n
Hence on the play of provisos (i) and (ii) cases Sl.Nos. 2, 4 and 5 must be<\/p>\n
excluded from consideration, contends the learned counsel for the<\/p>\n
petitioner.\n<\/p>\n
      12.  Learned Government Pleader points out that even accepting<\/p>\n
the argument of the petitioner in full, case No.3 can be taken into<\/p>\n
consideration.  The learned Government Pleader submits that cases<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                     10<\/span><\/p>\n
Sl. Nos. 2, 4 and 5 cannot be excluded or eschewed from consideration<\/p>\n
by the play of provisos (i) and (ii) of Section 2(p)<\/a>.<\/p>\n
     13.    For a proper understanding of the contentions, the two<\/p>\n
provisos referred above, are extract below:\n<\/p>\n
     \\     “Provided that any offence committed by a person:<\/p>\n<\/blockquote>\n
           (i) by virtue of his involvement as a member of the<\/p>\n
     family or a close relative of the family, in an incident which<\/p>\n
     took place by a reason of a family dispute          or quarrel<\/p>\n
     involving family members of close relatives on either side; or<\/p>\n<\/blockquote>\n
           (ii) by virtue of his involvement as a neighbour or as a<\/p>\n
     close relative of the neighbour in an incident which occurred<\/p>\n
     due to a dispute between immediate neighbours; or<\/p>\n<\/blockquote>\n
           (iii) xxxx<\/p>\n<\/blockquote>\n
           (iv)   xxxx<\/p>\n<\/blockquote>\n
           (v)    xxxx<\/p>\n<\/blockquote>\n
           (vi) xxxx<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                     11<\/span><\/p>\n
      shall be omitted from the computation of the number of<\/p>\n
      offences taken into account for deciding whether a person is a<\/p>\n
      known rowdy.”\n<\/p><\/blockquote>\n
<\/blockquote>\n
                  (Only the .. relevant portion of S.2(p) is<\/p>\n
                  extracted)<\/p>\n<\/blockquote>\n
       14. We shall take into consideration and discuss case No.2 first of<\/p>\n
all.  One Arifa is the complainant. The said Arifa, her daughter-in-law<\/p>\n
and one Bhaskaran had suffered injuries in that incident. There is nothing<\/p>\n
to indicate that any one of these three persons are closely related to or is a<\/p>\n
neighbour of the detenu in this case. The counsel contends that there is a<\/p>\n
statement in the FIS that the detenu herein, who is named as the accused,<\/p>\n
is a person of the locality. That statement even if accepted as gospel truth,<\/p>\n
cannot certainly bring the case within the sweep of the provisos (i) and\/or<\/p>\n<\/blockquote>\n
(ii) of Section 2(p)<\/a> extracted above. Counsel contends that the address of<\/p>\n
the said Arifa\/defacto complainant would reveal that she also hails from<\/p>\n
the same locality as that of the petitioner. This does not in any way<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                     12<\/span><\/p>\n
indicate that the defacto complainant and the detenu are neighbours or<\/p>\n
close relatives to attract provisos (i) and (ii) of Section 2(p)<\/a>.<\/p><\/blockquote>\n
\n
      15. We are now left with cases, Sl. Nos. 4 and 5. We have been<\/p>\n
taken through the F.I. Statements and the final reports in these two cases.<\/p>\n
One Abdul Azeez is the defacto complainant and the victim in case,<\/p>\n
Sl.No.4, whereas one Shiju is the defacto complainant and victim in case,<\/p>\n
Sl.No.5. There is absolutely no material either in the F.I. Statements or<\/p>\n
in the final reports or in any connected documents to indicate or suggest<\/p>\n
that those victims are close relatives or neighbours of the detenu. We<\/p>\n
shall be referring to the details of these cases later when we take up the<\/p>\n
challenge on Ground No.4. Suffice it to say now that there is not a<\/p>\n
semblance of data which can persuade this court to conclude that the<\/p>\n
incidents in cases Sl.Nos. 4 and 5 are between the detenu on the one hand<\/p>\n
and his close relatives\/immediate neighbours on the other to justify<\/p>\n
exclusion of those cases by the play of provisos (i) and (ii) of Section 2<\/a><\/p>\n
(p).   The challenge on this ground cannot, in these circumstances,<\/p>\n
succeed.\n<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    13<\/span><\/p>\n
      16. It will not be inapposite to straight away to note that there is no<\/p>\n
specific pleadings in the petition filed by the petitioner to suggest that<\/p>\n
cases, Sl.Nos. 2, 4 and 5 are liable to be excluded from consideration<\/p>\n
under Section 2(p)<\/a> with the help of provisos (i) and (ii). The learned<\/p>\n
Government Pleader has taken us through the pleadings in the petition in<\/p>\n
detail. Significantly we do not find any specific assertion that Arifa,<\/p>\n
Abdul Azeez or Shiju, the defacto complainants\/victims in cases, Sl.Nos.<\/p>\n
2, 4 and 5 are closely related to the detenu or are neighbours\/immediate<\/p>\n
neighbours of the detenu. We find merit in the submission of the learned<\/p>\n
Government Pleader that in the total absence of even such a plea, the<\/p>\n
respondents were not called upon to reply specifically to the present<\/p>\n
contention, which is sprung on the respondents as a surprise. We take<\/p>\n
note that this submission is factually correct.\n<\/p>\n
      17. The learned counsel for the petitioner submits that though such<\/p>\n
a plea is not specifically raised in the petition filed by the petitioner, the<\/p>\n
detenu in the representation made by him to the Government under<\/p>\n
Article 22(5)<\/a> of the Constitution\/Section 7(2) of the KAAPA had raised<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                   14<\/span><\/p>\n
this contention.     We have accordingly been taken through the said<\/p>\n
representation dt. 1.6.2010, which is not produced before Court, but<\/p>\n
which is shown to us from the file of the learned Government Pleader.<\/p>\n
The representation does not also contain a specific statement that any one<\/p>\n
of the named defacto complainants, i.e. Arifa, Abdul Azeez or Shiju are<\/p>\n
close relatives or close neighbours of the detenu. In paragraph 2 under<\/p>\n
clauses (a) to (c) specific reference is made to the five cases. It is not<\/p>\n
mentioned that in cases, Sl.Nos. 2, 4 and 5 the detenu and the victims are<\/p>\n
close relatives or neighbours. So far as case Sl.No.2 is concerned, there is<\/p>\n
a statement that the detenu and Arifa have monetary transactions between<\/p>\n
them. What we intend to note is that the present plea based on application<\/p>\n
of provisos (i) and (ii) is not specifically raised in paragraph 2 of that<\/p>\n
representation also.\n<\/p>\n
      18. The learned counsel for the petitioner then contends that 10<\/p>\n
points have been raised in that representation and in point Nos. 5 and 6<\/p>\n
the present contention in its crux or soul is raised by the detenu. Under<\/p>\n
point No.5 the only contention raised is that the disputes are personal and<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    15<\/span><\/p>\n
private. Under point No.6 it is of course contended that cases, Sl. Nos. 2<\/p>\n
and 4 are between the detenu and his neighbours. It is significant to note<\/p>\n
that a specific assertion that the defacto complainants\/victims in cases<\/p>\n
Sl.Nos. 2 and 4 are in any way closely related specifically to the detenu<\/p>\n
or that they are his neighbours\/immediate neighbours is not raised.      At<\/p>\n
any rate, it must be seen that the said contention has not been specifically<\/p>\n
raised in this representation before Government filed by the petitioner.<\/p>\n
There is also no material whatsoever produced even to remotely indicate<\/p>\n
that the victims in cases, Sl.Nos. 2, 4 and 5 and the detenu are close<\/p>\n
relatives or neighbours. The challenge raised on this ground must, in<\/p>\n
these circumstances, fail.\n<\/p>\n
      19. Ground No. (iv): Lastly the learned counsel for the petitioner<\/p>\n
contends that all the five cases even if relied upon do reveal only a threat<\/p>\n
to law and order at worst and the incidents in those cases cannot at all be<\/p>\n
said to be acts of threat to public order. In the absence of a threat to<\/p>\n
public order the power under Section 3<\/a> cannot be invoked, argues the<\/p>\n
learned counsel for the petitioner.\n<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    16<\/span><\/p>\n
       20. For a proper consideration of this issue, we shall refer to the<\/p>\n
cases enumerated in the tabular column given above.              As already<\/p>\n
observed, under ground (2) we are not adverting to case, Sl.No.1, which<\/p>\n
has already ended in acquittal. We shall now proceed to consider the<\/p>\n
nature of the allegations raised in cases, Sl.Nos. 2, 3, 4 and 5 for a<\/p>\n
resolution of the question as to whether they pose a threat only to law and<\/p>\n
order and not to public order.\n<\/p>\n
       21. In case, Sl.No.2 the specific allegation is that the detenu along<\/p>\n
with others trespassed into the tea shop of the defacto complainant, Arifa,<\/p>\n
which was being run by her with the assistance of her daughter-in-law.<\/p>\n
They indulged in wanton acts of violence when money was demanded for<\/p>\n
the edible articles consumed by the detenu and the       co-accused at the<\/p>\n
said shop. The detenu and others indulged in wanton acts of violence, it<\/p>\n
is alleged. A customer of the tea shop – one Bhaskaran, who intervened to<\/p>\n
prevent the crime and deter the detenu and others was also assaulted.<\/p>\n
This is the precise allegation in case Sl.No.2.\n<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    17<\/span><\/p>\n
     22. So far as case Sl.No. 3 is concerned, the allegation is that the<\/p>\n
detenu, along with his co-accused, attacked one Ravindran, salesman of a<\/p>\n
toddy shop. The provocation is also the demand by the salesman for<\/p>\n
payment of the price of the articles consumed and the failure\/refusal of<\/p>\n
the detenu and others to pay the amount due to the toddy shop.<\/p>\n
     23. So far as the 4th crime is concerned, a similar allegation is<\/p>\n
raised that the detenu had, armed with a dangerous weapon, indulged in<\/p>\n
acts of violence and destruction in the shop of the defacto complainant,<\/p>\n
Abdul Azeez. He had allegedly taken some edible articles kept in the<\/p>\n
shop and when objection was raised against such conduct, he had<\/p>\n
allegedly indulged in wanton acts of violence and destruction.<\/p>\n
     24. So far as case Sl.No.5 is concerned, the defacto complainant,<\/p>\n
Shiju, had alleged that while he was proceeding on his motor cycle with<\/p>\n
his wife as pillion, the detenu had overtaken him in a vehicle, had blocked<\/p>\n
the further progress of the defacto complainant and had indulged in<\/p>\n
wanton acts of mischief and violence against the said Shiju and his wife.<\/p>\n
According to the defacto complainant, he did not even know who the<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    18<\/span><\/p>\n
detenu was and he was unable to explain why he had indulged in such<\/p>\n
wanton acts of violence and mischief.\n<\/p>\n
      25. The contention raised is that the above allegations which are<\/p>\n
confirmed in investigation and followed by the filing of charge sheets do<\/p>\n
not amount to any threat to public order. At worst they amount only to<\/p>\n
threat to law and order.\n<\/p>\n
      26. In Shruthi v. State of Kerala<\/a> (2009 (4) KLT 893) this Court<\/p>\n
had occasion to consider the various binding precedents to highlight the<\/p>\n
distinction between a mere threat to law and order and a threat to<\/p>\n
maintenance of public order. In paragraph 25 the position of law is<\/p>\n
summed up in the following words:\n<\/p>\n
\n
              “To sum up, the test is only whether the act is<\/p>\n
        confined to an individual without directly or indirectly<\/p>\n
        affecting the tempo of life of the community.   If it affects<\/p>\n
        only the victim or victims, it can be reckoned as a threat to<\/p>\n
        law and order only; whereas if the nature and gravity<\/p>\n
        of the act is such th at it is likely to endanger public<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                    19<\/span><\/p>\n
        tranquility affecting the tempo of life of the community, it<\/p>\n
        would fall within the ambit of public order.”<\/p><\/blockquote>\n
\n
      27.   Having anxiously considered the nature of the allegations<\/p>\n
raised in the four cases referred above, we have not a semblance of doubt<\/p>\n
that the test is answered positively against the detenu in the instant case.<\/p>\n
The wanton acts of mischief and violence allegedly indulged in by the<\/p>\n
detenu in the four cases referred above can by no stretch of imagination<\/p>\n
be said to a mere threat to law and order and not a threat to maintenance<\/p>\n
of public order. Anti-social activity is defined in Section 2(a) of KAAPA<\/p>\n
and the nature of the acts complained of in the four cases fall squarely<\/p>\n
within the sweep of the expression anti-social activity defined in Section<\/p>\n
2(a) of the KAAPA. The challenge raised on this ground must also, in<\/p>\n
these circumstances, fail.\n<\/p>\n
      28. No other contentions are raised. We are satisfied that this Writ<\/p>\n
petition cannot, in these circumstances, succeed.<\/p>\n
W.P.(Crl.) No. 347 of 2010<\/p>\n
                                   20<\/span><\/p>\n
     29. In the result, this Writ petition is dismissed.<\/p>\n
                                           (R.BASANT)
\n                                                Judge<\/p>\n
                                   (M.L. JOSEPH FRANCIS)
\n                                                Judge
\ntm<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Shyla vs State Of Kerala on 27 October, 2010 IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(Crl.).No. 347 of 2010(S) 1. SHYLA,W\/O.MUJEEB,EDATHARA VEEDU, … Petitioner Vs 1. STATE OF KERALA,REPRESENTED BY THE … Respondent 2. THE DISTRICT COLLECTOR AND DISTRICT 3. THE SUPERINTENDENT OF POLICE, 4. THE CIRCLE INSPECTOR OF POLICE, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-250871","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nShyla vs State Of Kerala on 27 October, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shyla-vs-state-of-kerala-on-27-october-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shyla vs State Of Kerala on 27 October, 2010 - 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