Mathews.A vs State Of Kerala

A. Muhamed Mustaque, J

The petitioner in this writ petition questions an order of externment issued invoking Section 15(1) of the Kerala Anti-Social Activities Prevention Act, 2007 (for short, “the KAA(P)A”.

The main argument raised by the learned counsel for the petitioner is that the order was passed after much delay reckoning from the date of last prejudicial activity. According to him, such externment order was passed after lapse of four months. The original authority passed the order of externment for a period of six months, which was reduced to four months by the Advisory Board under the KAA(P)A. In the order passed by the Advisory Board itself this aspect regarding the delay was adverted to. It is seen from the order that notice was issued on 02.08.2023. According to the petitioner, the last prejudicial activity was on 17.04.2023 and a show cause notice was issued only on 02.08.2023.

Learned Government Pleader points out that the petitioner was arrested on 06.05.2023 and released on bail on 12.05.2023. The Station House Officer filed a report only on 25.07.2023.

It is not necessary in every case that the delay would be decisive. The authority will have to consider many aspects while passing such order. This is not a case, where a detention order has been passed. It is only an externment order. Having adverted to the factual situation as above, as we find there is much delay affecting the proprietary of the impugned order, no interference is called for to set aside the order. However, also taking note of the fact that the order is already in operation for more than three months, we confine the operation of the externment order till today (10.11.2023). However, the petitioner shall report to the Station House Officer, Kundara Police Station every Monday at 11 am for a period of one month.

The writ petition is disposed of accordingly.