Swethin K P @Chikkoo vs State Of Kerala

A. Muhamed Mustaque, J

The petitioner challenges an order of externment issued invoking Section 15(1) of the Kerala Anti-Social Activities Prevention Act, 2007. The petitioner is involved in four crimes. The order of externment shows that the petitioner is restrained from entering within the Kozhikode revenue district for a period of one year.

Though learned counsel for the petitioner argued vehemently challenging the grounds, on which the externment order was passed, we are not persuaded to interfere with the order. However, learned counsel further argued in regard to the proportionality of the length of period of externment. According to the learned counsel, the maximum period of externment was imposed on the petitioner, which is legally not justifiable unless there is a serious threat to the public order.

The petitioner filed IA No.1 of 2023 to receive additional documents, which would show that he is undergoing medical treatment and needs support of his family for continuation of treatment. The IA stands allowed.

We have gone through the impugned order. The impugned externment order was passed on 30.06.2023. We find that the impugned order does not require interference, invoking our power under Article 226 of the Constitution of India as it was passed on well founded basis. However, taking note of the fact that maximum length of period of externment has been imposed on the petitioner, we are of the view that the order has to be modified inasmuch as that the offences alleged against the petitioner are of different nature on different occasions, that too, at different places.

We, therefore, confine the externment order to be operated till this Sunday (12.11.2023). We permit the petitioner to enter within the revenue district of Kozhikode from Monday (13.11.2023) onwards. However, on all Mondays at 11 am, the petitioner shall report before the Station House Officer, Kuttiady Police Station for a period of two months.

The writ petition is disposed of accordingly.