The Court directed that if the petitioner reports genuine threats from the fifth respondent, the fourth respondent must investigate and afford police protection for her life and safety during court appearances.
Directing the fourth respondent to investigate complaints of threat against the petitioner and afford police protection if the threat is found genuine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
& THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 9TH DAY OF APRIL 2013/19TH CHAITHRA 1935
WP(C).No. 7130 of 2013 (M)
PETITIONER :
NADIYA SULEKHA, AGED 28 YEARS D/O.SULEKHA, SUSHA MANZIL, KARUMKULAM VILLAGE PUTHIYATHURA.P.O, THIRUVANANTHAPURAM-695626.
BY ADVS.SRI.AYYAPPAN SANKAR SRI.JAYAN JOHN SMT.S.HRIDYA
RESPONDENT(S) :
1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKADU THIRUVANANTHAPURAM-695 001.
3. THE CIRCLE INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL,
THIRUVANANTHAPURAM-695 589.
4. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU THIRUVANANTHAPURAM-695 294.
5. MOHAMMED YOOSAF SABU, AGED 34 YEARS S/O.YOOSAF, PUTHUVAL VILA PUTHEN VEEDU, PUKAYILATHOPU PURAKADA P.O., KORANI, ATTINGAL THIRUVANANTHAPURAM-695 014.
R1 TO R4 BY SR. GOVT. PLEADER SRI. MUHAMMED SHAH R5 BY ADVS. SRI.SHAJIN S.HAMEED
SRI.A.K.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 7130 of 2013 (M)
APPENDIX
PETITIONERS' EXHIBITS :
EXT-P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER ISSUED ON 7.4.2007. EXT-P2 TRUE COPY OF THE REGISTRATION CARD DATED 4.3.2013 OF SANTHIGIRI SIDDHA MEDICAL COLLEGE HOSPITAL ISSUED TO THE PETITIONER. EXT-P3 TRUE COPY OF THE PETITION DATED 09.03.2013 SENT TO THE 3RD RESPONDENT BY PETITIONER.
EXT-P4 TRUE COPY OF THE POSTAL RECEIPT DATED 12.3.2013 FOR EXT.P3.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
K. M. JOSEPH & K. RAMAKRISHNAN, JJ.
---------------------------------------------W.P.(C). NO. 7130 OF 2013 M
Dated this the 9th April, 2013
JUDGMENT
K.M. Joseph, J.
Petitioner has approached this Court seeking the following reliefs:
“i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 2 to 4 to provide effective and adequate protection for the life and limb of the petitioner against the 5th respondent and henchmen.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 2 to 4 to give effective and adequate protection to the petitioner to appear before the Family Court, Attingal and the Judicial First Class Magistrate Court, Attingal and also for giving statements before the Station House Officer, Chirayinkeezhu against the 5th respondent and his
WP(C).NO.7130/13 M
2
henchmen.”
Petitioner and 5th respondent are husband and wife and the relationship is strained due to the greediness and resultant physical and mental torture. Fifth respondent engaged his henchmen to do away with the life of the petitioner for having filed criminal complaint before the Judicial First Class Magistrate Court-I, Attingal. Petitioner was brutally manhandled while under the custody of the 5th respondent. Ext.P3 petition in this regard is not acted upon so far. There is imminent threat to the life of the petitioner. Aggrieved by the inaction of respondents 2 to 4, this Writ Petition is filed.
WP(C).NO.7130/13 M
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and dispose of the Writ Petition by further directing that if the petitioner complains to the fourth respondent of any threat to her life from the fifth respondent, the fourth respondent will look into it and if the threat is found to be genuine, he will afford police protection for the life of the petitioner as against the fifth respondent and also for appearing before the Family Court, Attingal and Judicial First Class Magistrate, Attingal and also in connection with giving statement before the Station House Officer, Chirayinkeezhu as and when required.
Sd/= K. M. JOSEPH
JUDGE
Sd/= K. RAMAKRISHNAN JUDGE
kbk.
//True Copy//
2 issues framed by the court
Whether the State is under a duty to provide protection to the petitioner from threats by her husband and henchmen.
Whether the petitioner can appear before the Family Court and Magistrate without fear of harassment.
1 provisions across 1 enactments
NADIYA SULEKHA
STATE OF KERALA
THE DIRECTOR GENERAL OF POLICE
THE CIRCLE INSPECTOR OF POLICE, ATTINGAL
THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU
MOHAMMED YOOSAF SABU
K. M. JOSEPH
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
