news Friday, March 13, 2015 - 05:30
The News Minute | March 10, 2014 | 10.00 pm IST Kerala police has charged infamous businessman Mohammed Nisham accused of murdering security guard Chandrabose, under the provisions of Kerala Anti-Social Activities (Prevention) Act, 2007. Despite having 13 cases registered against him the police had until Monday not invoked KAAPA Act. This had attracted criticism from the opposition and the people in general. Many media reports suggested that there were efforts to protect the influential businessman. Leader of Opposition V.S. Achuthanandan had on Sunday written to the Home Minister as to why the police had not slapped charges under KAAPA on Nisham. Last week, the police commissioner of Thrissur had sent a report to the District Collector, recommending detention of Nisham under KAAPA. What is KAAPA and what are the implications? The Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) is Kerala’s version of the Goonda Act. KAAPA came intro force in 2007 and aims to "specifically provide for the effective prevention and control of certain kind of anti-social activities is the State of Kerala". The Act is invoked, among other circumstances, when a person comes within the definition of a "known goonda" or a "known rowdy" as provided for in the Act,following which the said person can be detained at anytime by a police officer whose rank is not less than that of a Superintendent of Police with a view to preventing him from committing anti-social activities within the state of Kerala. A person detained under the KAAPA is housed in Central Prisons or District Jails within the State of Kerala. The grounds on which the said person is being detained by him under the KAAPA should be made known to the detainee while making the arrest or within 5 days from the date of detention. The person can be detained for 12 days at the first instance; the maximum term of detention can extend up to a period of six months in the first instance. Following the detention of a person under the KAAPA, the detention order and the grounds forming the basis of the detention are to be placed before a three-member Advisory Board chaired by a serving or retired judge of a High Court. The Board shall then make a call whether or not the detention was justifiable. Getting bail will become difficult Offences and wilful violations of lawful orders made under the KAAPA have been made cognizable and non-bailable, regardless of what is contained in the Code of Criminal Procedure, 1973. This means, Mohammed Nisham will find it tough to secure bail - as the offences under the KAAPA are non-bailable in nature, notwithstanding the categorisation under the Code of Criminal Procedure to the contrary. He also risks being detained under the KAAPA again, once the period of detention under the present detention order expires. This will happen if (i) he were to continue being a person falling within the definition of known rowdy or known goonda under the Act (ii) if any fresh facts were to come to light after the issuance of the instant detention order, or yet again (iii) the procedural errors or omissions, by reason of which the first order if it happens to be revoked, are rectified in the procedure followed with regard to the subsequent order, even if the subsequent order is based on the very same facts as the first order. Tweet  Follow @thenewsminute

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