Kerala HC orders early release of woman in jail to take care of her daughter

Kochi, Nov 9 (IANS) The High Court has directed the state government to release a woman, who is in jail under the Kerala Anti-Social Activities (Prevention) Act, 2007 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.

A division bench after hearing the plea pointed out that normally courts do not interfere in detention orders, but it is not devoid of such power when fundamental rights are involved.

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.

With her daughter in the advanced stage of pregnancy she approached the High Court and pleaded that there was none one else other than her to take care of her daughter.

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.