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

While displaying the highest level of paramount importance for human rights, one feels most proud to note that the Kerala High Court in a most learned, laudable, landmark, logical and latest judgment titled Sreeja vs State of Kerala & Ors in WP (Crl.) No. 971 of 2023 and cited in Neutral Citation No.: 2023:KER:68791 that was pronounced as recently as on November 8, 2023 has ordered the release of a woman who was detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter KAAPA Act) considering the humanitarian ground that her daughter is at an advanced stage of her pregnancy and therefore urgently needed assistance and care of close family members.

- SANJEEV SIROHI

It must be mentioned here that the Division Bench of Kerala High Court comprising of Hon’ble Mr Justice A Muhamed Mustaque and Hon’ble Mr Justice Shoba Annamma Eapen in its most sagacious judgment pointed out most emphatically that notwithstanding statutory limitations, the Constitutional Court could, in exceptional circumstances, recognize the right under Article 21 of the Constitution, ensuring life and liberty, and order the release of an individual detained in custody. It is worth mentioning here that the petitioner who being a lady with her daughter being in an advanced stage of pregnancy had pleaded that there was no one to care for her daughter and child and had therefore appealed for the modification of her detention period on humanitarian grounds. It must also be mentioned here that the Kerala High Court 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. The Kerala High Court was considering a petition by a woman who was facing over 19 criminal cases that were covered primarily under Section 406 pertaining to criminal breach of trust and Section 420 pertaining to cheating of the Indian Penal Code.

At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice A Muhamed Mustaque for a Division Bench of Kerala High Court comprising of himself and Hon’ble Ms Justice Shoba Annamma Eapen sets the ball in motion by first and foremost putting forth in para 1 that,