2020 (7) TMI 382 - HC - Indian Laws

Request for detention in Kerala instead of Mumbai - case of petitioners is that they are resident of Kerala - HELD THAT - This Court is of the prima facie view that pending adjudication of this petition, the petitioner should immediately surrender before Director General of Police, Government of Kerala, Thiruvananthapuram and if the petitioners do not succeed in this petition, they shall be shifted to Mumbai - The petitioners are directed to surrender before Director General of Police, Government of Kerala, Thiruvananthapuram on 18th June, 2020 at 02 30. List for continuation of the arguments on 24th July, 2020.

Summary

Issues: Detention order transfer from Mumbai to Kerala

Analysis:
The judgment revolves around a detention order passed against the petitioners, who seek to surrender and be detained in Kerala instead of Mumbai. The petitioners base their request on grounds including their residency in Kerala, citing the Constitution Bench judgment of the Supreme Court in A.K. Roy v. Union of India, 1982 SCR (2) 272. On the other hand, the respondents oppose the petition, emphasizing that the offence was committed in Mumbai, and pointing out that 13 other detenues were also detained in Mumbai, with an Advisory Board formed there.

The Court, after considering the arguments, is of the prima facie view that the petitioners should surrender before the Director General of Police, Government of Kerala, Thiruvananthapuram, pending the adjudication of the petition. However, it is clarified that if the Advisory Board hearing is scheduled, the petitioners must be produced before the Board in Mumbai without raising objections. The next date for continuation of arguments is set for 24th July, 2020.

Both parties are directed to submit brief notes of submissions not exceeding three pages, along with relevant documents and judgments they wish to rely on, duly highlighted. Additionally, they are required to provide video clips of their arguments within three weeks. Subsequently, each party must file a two-page note and an additional video clip of 10 minutes to respond to the other party's submissions within two weeks. The counsels are instructed to exchange written submissions and video clips in advance, and to submit hard copies of their submissions to the Court Master at least one week before the next hearing date. Finally, the order is to be uploaded on the Court's website promptly.