Kerala High Court Orders Release Of Woman Detained Under Preventive Detention Law To Take Care Of Her Daughter In Advanced Pregnancy Stage

The Division bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen said normally courts do not interfere in detention orders, but it is not devoid of such power when fundamental rights are involved.

“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.”

The woman was involved in more than 19 cases, out of which majority of the cases were filed under Section 406 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) IPC. She has approached the Court as her daughter was at her advanced stage of pregnancy and there was no one else to take care of the daughter.

The Court noted that when a person habitually indulges in anti-socially activities, it becomes an issue of public order. It noted that the detention order which was issued to secure public order requires no interference to that extent. However, the Court noted that whether the detention order has to be modified so that the petitioner mother can take care of her daughter who was at her advanced stage of pregnancy has to be considered.

Counsel for the respondent relied upon Kumaran v. District Collector (2015) to contend that Court has no jurisdiction to alter the period of order of detention under the KAAPA Act.

However, Court said it has to consider the peculiar circumstances under Article 21 of the Constitution of India and said petitioner has a superior right under Article 21 of the Constitution which can be invoked on justifiable grounds to protect her right to life and liberty.

The Court thus disposed of the writ petition and directed that the petitioner, supposed to be in detention till December 15, will be released from jail on November 14.

Counsel for the petitioner: Advocates Biju Antony Aloor, K.P.Prasanth, Archana Suresh, Sunitha K.G., Haritha Hariharan and Haseeb Hassan.M

Counsel for the respondents: Additional State Public Prosecutor K.A. Anas

Citation: 2023 LiveLaw (Ker) 642

Case title: WP(CRL.) NO. 971 OF 2023

Case number: Sreeja @Sini v State of Kerala

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