A Division Bench of the Kerala High Court has ordered the release of a woman detained under Kerala Anti-Social Activities (Prevention) Act ( KAAPA ) to allow her to look after her daughter who is in an advanced stage of pregnancy.
The Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed that when a person indulges in anti-social activity, which has become a pattern, then it becomes an issue related to public order. In that sense, the court finds no reason to interfere with the detention order. Counsel for the woman pleaded that since the accused person’s daughter was in an advanced stage of pregnancy and nobody is there to take care of her, therefore, on humanitarian grounds, the period of detention may be modified and she be released from the detention.
The accused has more than 19 cases pending against her under Sections 406 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) of Indian Penal Code. The court noted that in exceptional circumstances, the court can order release of such a person by invoking Article 21 of the Constitution of India.
