In this writ petition, the court dismissed a habeas corpus petition filed by a petitioner alleging illegal detention of her partner abroad by family members. Finding the allegations frivolous and lacking bona fides, the court held the writ could not be entertained.
No writ of habeas corpus granted; petition dismissed as frivolous.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941
WP(Crl.).No.231 of 2019
PETITIONER:
SAMEENA.K.M, AGED 28 YEARS,
D/O. (LATE) MUHAMMED BAPPUTTI, KALLANKUNNAM HOUSE, ONNAMPADI, PALEMAD, EDAKKARA, MALAPPURAM DISTRICT-679 331.
BY ADVS.SRI.SUNIL V.MOHAMMED
SMT.AJITHA APPU
RESPONDENTS:
BY ADV. SHRI.T.K.AJITH KUMAR
OTHER PRESENT:
SR.GP-SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.231/2019
-:2:-
C.K.ABDUL REHIM & R.NARAYANA PISHARADI,JJ.
= = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl.)No.231 of 2019
J U D G M E N T
C.K.ABDUL REHIM, J.
The petitioner is seeking a writ of habeas corpus for commanding production of the corpus of Mr Shafeeque, who is the son of the 3rd respondent and sibling of respondents 4 and 5, by raising an allegation that the respondents 3 to 6 are illegally detaining him against his free will.
W.P.(Crl.) No.231/2019
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It is stated that, the alleged detenu went abroad in the year 2012 and thereafter he was looking after all the needs of the petitioner and her son, who was born out of marital relationship of the petitioner with her former husband. It is alleged that, the detenu had offered to perform the 'nikah' ceremony in the month of June, 2019. The said fact was informed by the petitioner to respondents 3 to 6, allegedly, as insisted by the detenu. But, subsequently the alleged detenu detached his contacts with the petitioner. It is averred in the writ petition that, the petitioner was given to understand that the alleged detenu had already reached from Gulf and that he is under wrongful and forceful confinement of respondents 3 to 6. Under such circumstances, the petitioner lodged a complaint before the 2nd respondent. Alleging that the 2nd respondent is not taking any action on the basis of that complaint and also alleging that the respondents 3 to 6 are illegally detaining the detenu, the above writ petition is filed.
W.P.(Crl.) No.231/2019
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detenu is working in Gulf countries and he is not available in India, at present.
W.P.(Crl.) No.231/2019
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respondents 1 and 2 had made available copies of the statement of the petitioner recorded at the Police Station on 24.06.2019 and the First Information Report(FIR) registered, for our perusal. It is evident that, while giving statement before the Police on 24.06.2019, the petitioner has not stated anything to the effect that the alleged detenu is available in India or that he is under illegal detention of respondents 3 to 6, as alleged in the writ petition, which is filed on 29th June, 2019, which is on the 5th day of giving such statement. More over, the averment is very vague. It is only mentioned that, she was given to understand that the alleged detenu had reached India and is under wrongful confinement of the respondents 3 to 6. Even it was not disclosed about the source of such information.
W.P.(Crl.) No.231/2019
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her aim to bring back the alleged detenu from Gulf countries, so that he can be got arrested in the case registered.
W.P.(Crl.) No.231/2019
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detention is absolutely frivolous.
Hence, the writ petition is hereby dismissed.
Sd/-
C.K.ABDUL REHIM JUDGE
Sd/-
R. NARAYANA PISHARADI
JUDGE
DST
//True copy//
P.A.To Judge
1 issue framed by the court
Whether the writ petition alleging illegal detention is maintainable given the absence of bona fide evidence and frivolous nature of the claim.
Sameena.K.M
The Circle Inspector of Police, Wandoor
The Sub Inspector of Police, Edavanna
Fathima
Naseema
Salim
C. Abdul Rehim
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
