KOZHIKODE: The situation where an accused and known criminal sentenced to five years of rigorous imprisonment getting bail has led to a legal battle between a woman lawyer and the district collector. While Sapna P. P., the lawyer, argues that the failure of Kozhikode collector N. Prasanth in imposing Kerala Anti-social Activities (Prevention) Act (KAAPA) on a Suhail Thangal helped him get bail, Mr Prasanth clarifies that he is unable to impose KAAPA on somebody who is already convicted.
“KAAPA is a preventive measure against a person from committing a crime. The High Court ordered KAAPA on Mr Thangal on April 7. But he was convicted a day after, i.e., on April 8. How can somebody impose a preventive Act on a person who is already in jail? I had prepared the order on April 11, but it was disposed of, since the accused was already sentenced,” Mr Prasanth said.
He added, since Mr Thangal is out on a bail, he is again capable of imposing KAAPA, if one of the district police chiefs or any other authority from the police submits him a report.
“The collector can’t act suo motu. Either the city police commissioner or any other responsible person should forward me the report,” he said. It was on April 7 that the HC asked the collector to impose KAAPA on Mr Thangal, son of Muthukoya Thangal, Puthiyapurakkal House, Muttil, Wayanad and the date for taking ‘appropriate proceedings’ ended on April 14. On April 23, Mr Thangal got a bail in the case.
“Had the collector imposed KAAPA, Mr Thangal would not have been able to secure a bail. The delay and neglect allowed a person whom the court mentioned as known goonda to move freely,” said Ms Sapna, a trustee of Punarjani Charitable Trust that took the matter to the HC.
The HC will on Monday consider a contempt of court petition she filed against the collector, who is also the district magistrate. However, Kannur Central Prison superintendent Asokan Arippa said though Mr Thangal got a bail on April 23, he was released on April 25, since another case was pending against him before the Manjeri Additional Sessions Court and he had to be produced there.
