KAAPA procedure not followed in many cases
‘Failure to follow the rules help the culprits escape from imprisonment’
Kochi: The procedures for detaining a person under the Kerala Anti-Social Activities Prevention Act are often not followed by the law-enforcing authorities, resulting in court directing for the release of the accused, Justice V Ramkumar, the chairman of the advisory board of KAAPA said here on Friday.
He was speaking at the seminar on Feedback on KAAPA organised by advisory board for policemen and excise officials.
“Several persons against whom proposal are submitted for initiating KAAPA escape due to error from the part law enforcement agencies. Often cops and excise officials fail to produce proper documents and do not open rowdy sheets against the person to be detained under KAAPA.
“In some cases proposal is delayed for several months after the accused committed crime. In some cases the police come with KAAPA proposal six months after accused committed crime. While considering such cases, advisory board give favourable decision to the accused person considering that he did not indulge in criminal activities for the past six months," Ramkumar said.
Since KAAPA is preventive detention for six months where the person is put in jail without any trial, the courts would be cautious while hearing such cases, he said.
Paul Simon, member of KAAPA advisory board, said the Act can also be used against people indulging in cases of serious nature in counterfeiting, digital data and copyright act violation, environment related crimes, drug cases, hawala cases, illegal money lending and immoral trafficking incidents.
( Source : deccan chronicle )
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