In this writ petition for habeas corpus, the petitioner alleged illegal detention of an adult woman (Miss X), the daughter of respondents. Upon direct interaction, she stated she was not illegally detained and wished to stay with her parents. Dismissing the petition.
Petition closed; no other relief granted.
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
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
&
THEHONOURABLEMR.JUSTICEP.M.MANOJ
FRIDAY,THE5THDAYOFAPRIL2024/16THCHAITHRA,1946
WP(CRL.)NO.341OF2024
PETITIONER/S:
MUHAMMED SHAFEEKHAN S, AGED 23 YEARS NARIKKALVILA VEEDU, TC 65/1008-1, PACHALLOOR, THIRUVALLOM P.O, THIRUVANANTHAPURAM, PIN - 695037
BY ADV JEEVAN JOY
RESPONDENT/S:
1STATEOFKERALA
REPRESENTEDBYTHECHIEFSECRETARYTOGOVERNMENTOF
KERALA,GOVERNMENTSECRETERIAT,STATUE,
THIRUVANANTHAPURAM,PIN-695001
2 THE DIRECTOR GENERAL OF POLICE STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 6950103 THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM., PIN - 6950014 THE ASSISTANT COMMISSIONER OF POLICE THIRUVANANTHAPURAM, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, THIRUVANANTHAPURAM., PIN - 6950015 THE STATION HOUSE OFFICER THIRUVALLOM POLICE STATION, THIRUVALLOM, THIRUVANANTHAPURAM, PIN - 6950376 THE STATION HOUSE OFFICER KOVALAM POLICE STATION, THIRUVANANTHAPURAM CITY., PIN - 6955277 THE STATION HOUSE OFFICER BALARAMAPURAM POLICE STATION, BALARAMAPURAM, THIRUVANANTHAPURAM., PIN - 6955018 SINDHU W/O BIJU KUMAR, BIJU BHAVAN, MUTTAKKAD, VENGANOOR,2
W.P.(Crl.) No.341 of 2024
MUTTAKKAD P.O, THIRUVANANTHAPURAM., PIN - 695523
9 BIJU KUMAR BIJU BHAVAN, MUTTAKKAD, VENGANOOR, MUTTAKKAD P.O, THIRUVANANTHAPURAM., PIN - 69552310 BINIL B S S/O BIJU KUMAR, BIJU BHAVAN, MUTTAKKAD, VENGANOOR, MUTTAKKAD P.O, THIRUVANANTHAPURAM., PIN - 695523BYADVM.G.LISHAM.G.
OTHER PRESENT:
SRISAIGIJACOBPALATTY,SR.GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOW3
W.P.(Crl.) No.341 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that he is in love with the corpus, [‘Miss. X’ for the sake of brevity]. Miss X is the daughter of respondents 8 and 9. According to the petitioner, Miss X has been detained against her wish and she is kept under illegal detention. It is on these assertions that this petition is filed seeking issuance of directions to the official respondents to produce the corpus before this Court and to set her at liberty.
4
W.P.(Crl.) No.341 of 2024
primarily concerned with the question whether the alleged detenu is detained against her wish, will, and desire by anyone. The correctness, prudence, or wisdom of the decisions of the alleged detenu are not justiciable before the Court. The alleged detenu, as noted earlier, is an adult woman, she had already attained majority.
As she has stated before us that she is not under illegal detention, that is
the end of the matter. In that view of the matter nothing further survives.
The writ petition is closed.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ JUDGE
das
3 issues framed by the court
Whether the adult woman detainee is detained against her own wish and desires.
Whether the petition for habeas corpus survives given the detainee's expressed willingness to stay with her parents.
Whether the Court should intervene in the personal decisions of a competent adult woman regarding her detention or companionship.
Muhammed Shafeek Han
State of Kerala
Sindhu
Biju Kumar
Raja Vijayaraghavan
P.M. Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court