The Kerala High Court, on Thursday, November 9, has directed the state government to release a woman after taking into consideration that her daughter was at an advanced stage of her pregnancy and there was no one to take care of her. The woman was involved in over a dozen cases under charges of criminal breach of trust and cheating and was placed under detention till December 15, after being booked under the Kerala Anti-Social Activities (Prevention) Act, 2007.
A division bench of Justices A Muhamed Mustaque and Shoba Annamma Eapen was hearing a petition filed by the woman stating that there was no one to take care of her daughter, who was at her advanced stage of pregnancy, and her to-be born child and doubt to modify her detention on humanitarian grounds. After hearing the plea, the court pointed out that normally courts do not interfere in detention orders, but it is not devoid of such power when fundamental rights are involved. “In exceptional circumstances, the recognition invoking Article 21 of the Constitution of India, the Court can order release of such a person who is detained in custody,” the bench observed.
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The High Court said it has to consider the peculiar circumstances under Article 21 of the Constitution of India, and said the petitioner has a superior right under Article 21 of the Constitution which can be invoked on justifiable grounds to protect her right to life and liberty. Taking these aspects into account, the court directed that the mother should be released on November 14.