Kochi: Kerala High Court has held that a private individual has no authority to demand ordering of preventive detention proceedings against another person.
The police cannot initiate proceedings under Kerala Anti-social Activities Prevention Act based on a private complaint, it said.
There is no constitutional right for any person to compel issuance of preventive detention proceedings or restraint proceedings under any preventive detention laws.
The court added that in the constitutional alchemy, respecting the statutory human right doctrines, it cannot visualise any ground of statutory or public duty in any executive authority to invoke the provisions of KAAPA at the instance of a private party.
A division bench comprising Justice Thottathil B. Radhakrishnan and Justice Babu Mathew P. Joseph issued the order while considering a plea filed by one Baby P. V. The petitioner sought a directive to initiate action against another person under the provisions of KAAPA.
The provisions for preventive detention order and the restraint order under KAAPA could come only as preventive measures.
“Judicial precedents in the realm of prevention detention are vociferous of the pristine liberty doctrine enshrined in Article 21 and 22 of the Constitution of India,” the court observed.
It added that the petition was misplaced and misconceived and dismissed the plea.
