Kerala High Court
Haseen Mohammed.M. Aged 24 Years vs Sub Inspector Of Police on 25 July, 2014
Author: A.K.Jayasankaran Nambiar
Bench: P.N.Ravindran, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 8TH DAY OF AUGUST 2014/17TH SRAVANA, 1936
WP(Crl.).No. 314 of 2014 (S)
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PETITIONER(S):
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HASEEN MOHAMMED.M. AGED 24 YEARS
S/O. SALIM, PERMANENTLY RESIDING ATSM MANZIL
K.K.KONAM P.O.,PALLIKKAL
PRESENTLY RESIDING ATLORD KRISHNA G.A.
NEDUMBASSERI, ERNAKULAM.
BY ADVS.SMT.MAJIDA.S
SRI.REJI.A.RASHEED
SRI.AJIKHAN.M
SRI.B.THARIF
RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE
NEDUMBASSERI, ERNAKULAM-683 126.
2. K.GOPALA ACHARIA
RESIDING AT JAYA NAGAR, UPPALA P.O.
KASARAGOD-671 322.
3. PUNEETH KUMAR
S/O. GOPALA ACHARIA, RESIDING ATJAYA NAGAR
UPPALA P.O.,KASARAGOD-671 322.
ADDL.R4 IMPLEADED:
4.SUB INSPECTOR OF POLICE,
UPPALA POLICE STATION, KASARAGOD.
ADDL.R4 IS IMPLEADED AS PER ORDER DATED 25.7.2014 IN
I.A.NO.10149/2014 IN W.P.(CRL.).NO.314/2014.
R-R1 BY SRI.ASIF ALI, DIRECTOR GENERAL OF PROSECUTION
R2,R3 BY ADV. SRI.C.K.MOHANAN
R1 BY PUBLIC PROSECUTOR SMT.KOCHUMOL KODUVATH
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
08-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl.).No. 314 of 2014 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 : COPY OF THE MARRIAGE CERTIFICATE DTD.16.6.2014 ISSUED TO THE
PETITIONER AND HIS WIFE DIVYA K., THE DETENUE.
EXT.P2 : COPY OF THE EMAIL SENT BY THE DETENUE DIVYA K. TO THE
PETITIONER ALONG WITH ITS TRANSLATED COPY.
EXT.P3 : COPY OF THE COMPLAINT DTD.17.7.2014 GIVEN BY PETITIONER TO
THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATED COPY.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S.TO JUDGE
P.N.RAVINDRAN
&
A.K.JAYASANKARAN NAMBIAR, JJ.
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W.P.(Crl.).NO.314 OF 2014 ()
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Dated this the 8th day of August, 2014
J U D G M E N T
Ravindran, J.
The petitioner in this writ petition filed under Article 226 of the Constitution of India seeks a writ of Habeas Corpus directing the 1st respondent, Sub Inspector of Police, Nedumbasseri to produce the body of the detenue Divya.K. before this Court and to set her at liberty. The petitioner has averred that he and the detenue had a relationship for the past seven years and that since they belong to different religions the parents of the detenue were against their relationship and therefore, they were constrained to register their marriage under the provisions of the Special Marriage Act, 1954 on 16.6.2014 and ever since they were living together at Nedumbasseri. A copy of the marriage certificate issued by the Marriage Officer, Nemon, Thiruvananthapuram is on record as Ext.P1. The petitioner has averred that while he and the detenue were living together, on 17.7.2014, at about 8 p.m. respondents 2 and 3 along with some goondas trespassed into his W.P.(Crl.).NO.314/2014 2 house and forcibly took away the detenue with them. The petitioner has averred that the detenue has informed him by email that she is under the illegal custody of respondents 2 and 3 and that they have forcibly taken and handed her over to the custody of a black magician. Ext.P2 email is relied on in support of the above said averment. The petitioner has also averred that after the incident he filed Ext.P3 complaint before the 1st respondent, but 1st respondent has not so far taken any step to free the detenue from the illegal custody of respondents 2 and 3.
2. The instant writ petition was admitted and notice ordered to the respondents on 25.7.2014. On that day, this Court directed the respondents to produce the detenue before this Court on 4.8.2014. The detenue was produced by respondents 2 and 3 before this Court on 4.8.2014. When we interacted with the detenue on 4.8.2014, she told us that she has already consumed some poison. She also told us that she has consumed more than ten tablets. She was however, not aware of the name of the tablet which she had allegedly consumed. We therefore, called for the services of Dr.Benjamin Philip, the Doctor available in the High Court Dispensary, who after examining her told us that he may be permitted to get her examined in the General Hospital, Ernakulam. W.P.(Crl.).NO.314/2014 3 We thereupon passed the following order:
Pursuant to the order passed by this Court on 25.7.2014 respondents 2 and 3 produced the detenue Divya.K. in Court. When we interacted with her she told us that she has already consumed some poison. She also told us that she has consumed more than ten tablets. She was however, not aware of the name of the tablet which she had allegedly consumed. We therefore, called for the services of Dr.Benjamin Philip, the Doctor available in the High Court Dispensary, who after examining her told us that he may be permitted to get her examined in the General Hospital, Ernakulam. We accordingly hand over custody of the detenue to Dr.Benjamin Philip, Doctor of the High Court Dispensary and direct Smt.Rupa Kala, Woman Police Constable of High Court Security Wing to take the detenue to General Hospital, Ernakulam forthwith without waiting for a copy of this order. The Security Officer of this Court is directed to see that the detenue is taken to the General Hospital without interference from anyone else. Neither the petitioner nor the parents of the detenue shall interact with her without our express permission. We also direct the Superintendent of General Hospital, Ernakulam to submit a report to this Court about the detenue tomorrow through the learned Public Prosecutor. The Superintendent of General Hospital, Ernakulam, shall produce the detenue tomorrow in this Court and till such production he shall ensure the safety of the detenue. The Commissioner of Police, Kochi City, shall render all necessary help to the Superintendent of General Hospital, Ernakulam, if so required.
Post tomorrow.
Handover a copy of this order to the learned Public Prosecutor forthwith."
W.P.(Crl.).NO.314/2014 4
3. When the writ petition came up on 5.8.2014, Smt.Kochumol Koduvath, learned Senior Government Pleader, submitted on instructions that the Superintendent, General Hospital, Ernakulam, is of the opinion that the detenue should be under observation for two more days, that she is stable and treatment for paracetamol poisoning is going on. The petitioner, who was present in person, as well as the parents of the detenue submitted that they would like to see the detenue in the hospital during visiting hours. The petitioner also submitted that he apprehends danger to his life and to the life of the detenue and therefore, adequate police protection may be granted to both of them. After considering the said requests, we passed the following order:
"When this writ petition came up for hearing yesterday, the detenue, who was produced by respondents 2 and 3, told us that she had consumed poison. We therefore, handed over custody of the detenue to Dr.Benjamin Philip, Doctor of the High Court Dispensary, and directed a Woman Police Constable attached to the security wing of this Court to take the detenue to the General Hospital, Ernakulam. We also directed the Superintendent, General Hospital, Ernakulam, to submit a report to this Court about the detenue today through the learned Government Pleader and to produce the detenue in Court today.
2. When this writ petition was taken up for hearing today, Smt.Kochumol Koduvath, learned Senior Government Pleader, submitted on instructions that the Superintendent, General W.P.(Crl.).NO.314/2014 5 Hospital, Ernakulam, is of the opinion that the detenue should be under observation for two more days, that she is stable and treatment for paracetamol poisoning is going on. The petitioner, who is present in person, as well as the parents of the detenue submitted that they would like to see the detenue in the hospital during visiting hours. The petitioner also submitted that he apprehends danger to his life and to the life of the detenue and therefore, adequate police protection may be granted to both of them.
3. After interacting with the petitioner and the parents of the detenue and after considering their request we deem it appropriate to issue the following directions:-
(i) The petitioner as well as the parents of the detenue (Divya.K) shall be permitted to visit the detenue during visiting hours, once in the morning and once in the evening, in the presence of a Doctor deputed by the Superintendent, General Hospital, Ernakulam. Needless to say, they shall be permitted to visit the detenue separately and not in the company of each other. This arrangement shall continue until the detenue is discharged from the hospital and produced before this Court on 7.8.2014.
(ii) Until further orders the Commissioner of Police, Kochi City, shall provide adequate round the clock security to the person of the petitioner and also depute one woman Police Constable in the Medical ICU of General Hospital, Ernakulam, where the detenue is undergoing treatment.
Post on 7.8.2014.
Handover to the learned Government
Pleader."
4. The writ petition was accordingly taken up for hearing on 7.8.2014. On that day, the petitioner, the detenue and her parents were present. We interacted with the petitioner, the detenue and her parents separately. The parents of the detenue were also given W.P.(Crl.).NO.314/2014 6 an opportunity to interact with the detenue. When we interacted with the detenue she told us that she would like to go with the petitioner. The parents of the detenue however expressed anguish at the detenue's choice. Though the learned Public prosecutor had made available to us a report dated 4.8.2014 from the Superintendent of the General Hospital, Ernakulam, to the effect that the detenue needs four more days observation and management in the hospital, having regard to the submission made by the learned Public Prosecutor that there is likelihood of the detenue being discharged from the Hospital on 8.8.2014, we adjourned the petition to this day. We accordingly directed the detenue to go back to the hospital for observation and management and directed the Superintendent, General Hospital, Ernakulam to produce the detenue before this Court today. Pursuant thereto, the detenue was produced today. We interacted with the detenue. She told us that she would like to talk to her parents and the petitioner. We accordingly permitted her to talk to her parents and to the petitioner in the presence of each other. The detenue also made her submissions before us. She told us that her parents cannot take her to Kasaragod for the reason that the atmosphere at Kasaragod is not congenial for her continued stay on account of her marriage to the petitioner. She also stated that as she is employed W.P.(Crl.).NO.314/2014 7 at Ernakulam her parents are likely to compel her to reside at Ernakulam instead of residing with the petitioner. She also stated that her parents should agree for the marriage. She further informed us that her parents have told her that they will commit suicide if she does not go with them. She further stated in the presence of her parents as well the petitioner, that she wishes to go with the petitioner. The parents of the detenue did not agree to the suggestions made by the detenue. We also interacted with the 3rd respondent, Puneeth Kumar, brother of the detenue, who was present in person. Though we gave considerable time to the detenue to ponder over the matter she stated that she has already taken a final decision to go with the petitioner. She also stated that from 17.7.2014 onwards, till she was produced before this Court on 4.8.2014, she was virtually under confinement. When we asked the petitioner as to whether his parents are aware of the present state of affairs, he stated that his sister has already been informed about the marriage. The parents of the detenue submitted that the marriage was solemnized under the Special Marriage Act, 1954 by giving a wrong address and therefore the marriage is void.
5. We have considered the submissions made by the learned counsel appearing on either side and also the petitioner, the W.P.(Crl.).NO.314/2014 8 detenue and her parents. From the pleadings and the materials presently on record, it is evident that the detenue is married to the petitioner. The marriage is evidently one solemnized under the Special Marriage Act, 1954. Whether, for the reasons pointed out by the learned counsel appearing for respondents 2 and 3 and the parents of the detenue, the marriage is void or not, is not a matter to be gone into in this proceedings. The question whether the marriage is void can be gone into only in appropriate proceedings calling in question the solemnization and registration of the marriage. The parents of the detenue will have to plead and prove, by cogent materials, that the marriage was solemnized suppressing the truth. We therefore do not propose to go into the question whether the marriage evidenced by Ext.P1 certificate is valid or not in these proceedings.
6. Having regard to the submission made by the detenue, that she is the wife of the petitioner and she wishes to go with him and does not wish to go with her parents, and that from 18.7.2014 onwards she was under confinement till she was produced in this Court on 4.8.2014, we permit the detenue to go with the petitioner. The question whether the marriage between the petitioner and the detenue was validly solemnized and registered is W.P.(Crl.).NO.314/2014 9 kept open to be decided in appropriate proceedings. Considering the apprehension expressed by the petitioner to his life and the life of the detenue, we direct the Commissioner of Police, Kochi City, to provide adequate round the clock security to the petitioner and the detenue for a further period of two weeks from today.
The writ petition shall stand allowed in the above terms.
P.N.RAVINDRAN JUDGE A.K.JAYASANKARAN NAMBIAR JUDGE prp