The Kerala High Court on Wednesday directed the release of a woman detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) considering that her daughter, who is at an advanced stage of pregnancy, urgently needed assistance and care.
A division bench consisting of Justices A Muhamed Mustaq and Shoba Annamma Eapen clarified that the release was being ordered on humanitarian grounds since there was no one else to take care of the detenue’s daughter.
“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,” said the High Court.
It further clarified that this decision is not based on any specific law but on the “superior” fundamental right to life and liberty under Article 21 of the Indian Constitution.
“In exceptional circumstances, the recognition invoking Article 21 of the Constitution of India, the Court can order the release of such person who is detained in custody,” the High Court opined.
The High Court was considering a petition by a woman who was facing over 19 criminal cases, primarily under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code (IPC).
The woman sought a modification to her period of detention under the KAAPA as her daughter was in her advanced stage of pregnancy.
The bench acknowledged that it could not have ordinarily interfered with the preventive detention order, considering that there were 19 cases pending against the woman.
“We find no reason to interfere with this order, inasmuch as the same was issued to secure the public order,” the Court said.
However, the High Court decided to order the release of the woman in view of the humanitarian considerations involved, despite statutory limitations.
“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,” the Court said.
The Court also noted that the woman had already undergone a substantial period of detention and her extended period of detention was slated to expire on December 15.
Therefore, the High Court directed to release of the woman from jail on November 14, without her having to serve the further period of detention.
The petitioner-woman was represented by advocate Biju Antony Aloor, KP Prasanth, Archana Suresh, Sunitha KG, Haritha Hariharan, and Haseeb Hassan M.
The State authorities were represented by State Public Prosecutor KA Anas.
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