Kerala High Court
Rahmathunnisa vs Dr.Janardhanan on 9 July, 2012
Author: K.T.Sankaran
Bench: K.T.Sankaran, M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 9TH DAY OF JULY 2012/18TH ASHADHA 1934
WP(Crl.).No. 326 of 2012 (S)
----------------------------
PETITIONER(S):
-------------
RAHMATHUNNISA, AGED 22 YEARS
D/O.ABDULLA, AGED 22 YEARS, POONTHARUTHIYIL HOUSE
VAIRAMCODE P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S):
--------------
1. DR.JANARDHANAN
KAYATH HOUSE, THIRUVEGAPPURA, TRITHALA
PALAKKAD DISTRICT. 687 681
2. PRAVEEN
S/O.JANARDHANAN K., ARAYIKKALKOTTERI
THOZHUVANOOR P.O., MALAPPURAM DISTRICT. 676 505.
3. PRAKASH
ARAYIKKALKOTTERI, THOZHUVANOOR P.O.
MALAPPURAM DISTRICT. 676 505.
4. THE SUB INSPECTOR OF POLICE
VALANCHERY POLICE STATION. 676 505.
5. THE CIRCLE INSPECTOR OF POLICE
VALANCHERY. 676 505.
BY ADDL. D.G.P. SRI.K.I.ABDUL RASHEED.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-07-
2012, ALONG WITH W.P.(CRL) NO.338/12, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(Crl.).No. 326 of 2012 (S)
A P P E N D I X
PETITIONER'S EXHIBITS :
EXT.P1 : TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY
ISSUED BY THE MARRIAGE OFFICER, CODACAL.
TGS (TRUE COPY)
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
-----------------------------------------------
W.P.(Crl) Nos.326 & 338 of 2012
-----------------------------------------------
Dated 9th July, 2012.
J U D G M E N T
K.T.Sankaran, J.
These Writ Petitions are interconnected and the alleged detenu in both the cases is Arun, S/o.Janardhanan. Therefore, these Writ Petitions are disposed of by this common judgment.
2. W.P.(Crl) No.326 of 2012 is filed by Rahmathunnisa, alleging that Arun is under the illegal detention of his father and relatives, who are respondents 1 to 3 in that Writ Petition. It is stated that Rahmathunnissa and Arun fell in love. They had given notice under the Special Marriage Act, on 15.6.2012. In the Writ Petition, the father of Arun is described as Dr.Janardhanan. It is also stated in the Writ Petition thus :
"The further enquiry made by the petitioner revealed that the 1st respondent, with the connivance of respondents 2 and 3 , are subjecting the 'detenue' to treatments for mental illness, against the provisions of the Mental Health Act. It is respectfully submitted that the 'detenue' never had shown any symptoms of mental illness. It appears that the 'detenu' is being administered with tranquilizers just to keep him under the illegal confinement of respondents 1 to 3. It is also suspected that the 'detenue' is being administered with other strong medicines which are given to acute mentally ill W.P.(Crl) Nos.326 & 338/12 2 persons."
3. A reading of W.P.(Crl) No.326 of 2012 would indicate that the father of Arun being a medical practitioner, was administering medicines and tranquilizers to Arun.
4. In W.P.(Crl) No.326 of 2012, filed by Rahmathunnissa, notice by special messenger was ordered to respondents 1 to 3. Respondents 1 to 3 were directed to produce Arun before this Court on 9.7.2012.
5. On 9.7.2012, Janardhanan, the father of Arun filed W.P.(Crl) No.338 of 2012, making Rahmathunnissa (petitioner in W.P.(Crl) No.326 of 2012) as the 4th respondent and Secretary, R.V.Centre, Tirur, as the 5th respondent. In the Writ Petition (Crl) filed by Janardhanan, it is stated that he is a painter by profession. His son, Arun was preparing for intermediate examination of Chartered Accountancy course. Arun was also working as a part time Accountant at Kottackal. In paragraphs 2 and 3 of the writ Petition filed by Janardhanan, it is stated thus :
W.P.(Crl) Nos.326 & 338/12 3
"While so petitioner came to know that, his son Arun issued a notice under Special Marriage Act to solemnize marriage with the 4th respondent on 26.6.2012. Petitioner made enquiries and it was revealed that the 4th respondent is living along with her elder sister and mother and her father is living separately. Petitioners took his son for counselling, it was disclosed by him that he was taken to an institution named R.V.Centre, Tirur, Malappuram where he was given some religious instructions. Petitioners' son also revealed that while he was staying at the aforementioned R.V.Centre he was taken for a medical check up and some medicines was administered to him whereupon he became unconscious. When he regained consciousness he came to know that he was circumcised without his consent. All this happened while the petitioner's son was staying in a hostel at Calicut for attending coaching classes for Chartered Accountancy. Petitioner's son also revealed that a group of activists are assisting respondents 4 and 5 in the aforementioned activities.
3. After counselling, petitioner and his son returned home and were residing happily there with the parents. While so, it is also learnt that the 4th respondent has lodged a complaint before the 3rd respondent stating that petitioner's son converted into another religion and that changed his name as Anas. It also came to know that one Moidheenkutty, leader of an extremist organization, accompanied the 4th respondent to lodge the complaint."
6. Arun and Rahmathunnissa are present before Court. Janaradhanan is also present. We interacted with all of W.P.(Crl) Nos.326 & 338/12 4 them.
7. Arun stated that he came to Court today since he knew that the case is posted to today. He stated that on the date on which notice was served in W.P.(Crl) No.326 of 2012, he was available in his house.
8. Arun stated the following : He is in love with Rahmathunnissa. He was staying in a hostel at Kallayi. At that time, he was attending coaching classes for C.A. On 25.2.2012, he embraced Islam at Tabiath Islam Sabha, Kozhikode. On 19.6.2012, a certificate was issued to that effect. He stated that before he embraced Islam, he had the necessary knowledge about that religion and he had undergone circumcision. On 15.6.2012, a joint application was filed by Rahmathunnissa and Arun under the Special Marriage Act. On coming to know of the relationship between Arun and Rahmathunnissa, his father and relatives took him to a Counselling Centre at Kaloor. From 27.6.2012 to 3.7.2012, he was at Kaloor. Arun stated that that Centre is being run by Viswa Hindu Parishath. On 3.7.2012, he left Kaloor with his father and they stayed at Thiruvegappura at W.P.(Crl) Nos.326 & 338/12 5 the family house of Arun's father. On 4.7.2012, Arun and his father went to Valanchery and stayed there in their house. On 5.7.2012 at 11 a.m., he went to Kozhikode. Arun also stated that for the last about three days, he was staying in a Mosque called Sunni Mazjid, near Medical College, Kozhikode. Arun stated in clear terms that he does not want to go to his house.
9. The learned Government Pleader submitted that tension prevails in the locality as a consequence of the incidents. He stated that on the issue of conversion of Arun to Islam and the love affair between himself and Rahmathunnissa, there is tension between two groups of people.
10. Janardhanan stated that he has two children, Arun and his sister. He stated that Arun was forcibly, and by adopting undesirable means, converted to Islam. He also stated that he made all efforts to give counselling to Arun. But, all the attempts are now proved to be in vain. Janardhanan stated that he is doing painting work on daily wages. He does not have the financial capability to conduct litigation and to fight with mighty people. He stated that he is reliably given to W.P.(Crl) Nos.326 & 338/12 6 understand that a strong lobby was behind the conversion of his son to Islam. He heard what Arun stated before Court. He expressed his helplessness.
11. From the statements made by the parties, we are not in a position to arrive at the conclusion that Arun is detained by anybody. In these circumstances, it is not necessary to issue any writ of Habeas Corpus, either in W.P.(C) No.326 of 2012 or W.P.(C) No.338 of 2012. The Writ Petitions are, accordingly, closed.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs (true copy)