Keywords: high court, IPC, criminal breach of trust, Fundamental right.
In a landmark decision, the Kerala High Court has directed the release of a woman detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA), citing humanitarian grounds. The ruling came in response to a petition by the woman, who is facing over 19 criminal cases, predominantly under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code (IPC). The court emphasized that this decision was made in consideration of the detainee’s daughter, who is at an advanced stage of pregnancy and urgently requires assistance and care.
A division bench comprising Justices A Muhamed Mustaq and Shoba Annamma Eapen clarified that the release was ordered solely on humanitarian grounds due to the absence of anyone else to care for the pregnant daughter. The court asserted that the decision was not based on any specific law but rather on the “superior” fundamental right to life and liberty as enshrined in Article 21 of the Indian Constitution.
“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,” stated the High Court.
The bench acknowledged the woman’s numerous criminal cases, expressing that ordinarily, they would not interfere with a preventive detention order. However, the court recognized the exceptional circumstances in this case and invoked Article 21, which allows the court to order the release of a person detained in custody under specific conditions.
“We find no reason to interfere with this order, inasmuch as the same was issued to secure public order,” the Court remarked.
The court also noted that the woman had already served a substantial period of detention, and her extended period was set to expire on December 15. Therefore, the High Court directed her release from jail on November 14, relieving her from serving the remaining period of detention.
The petitioner-woman was represented by a legal team comprising advocates Biju Antony Aloor, KP Prasanth, Archana Suresh, Sunitha KG, Haritha Hariharan, and Haseeb Hassan M. On the other side, the State authorities were represented by State Public Prosecutor KA Anas.
This decision by the Kerala High Court sets a precedent for considering humanitarian concerns alongside legal obligations, recognizing the exceptional circumstances in which the fundamental right to life and liberty takes precedence.
Reference-
Barandbench.com, https://www.barandbench.com/news/kerala-high-court-allows-release-woman-preventive-detention-pregnant-daughter
Indiatoday.in , https://www.indiatoday.in/law/story/kerala-woman-gets-early-release-from-jail-to-take-care-of-pregnant-daughter-2461342-2023-11-10
Written by : shalmali ugare., College : DES navalmali Firodia law college pune, Sem:3rd intern under legal vidhiya
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