Kerala High Court
Gafoor E.K vs District Police Chief on 6 December, 2019
Equivalent citations: AIRONLINE 2019 KER 965
Bench: K.Harilal, C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941
WP(Crl.).No.406 OF 2019
PETITIONER/S:
GAFOOR E.K.,
AGED 31 YEARS
S/O.KADAR.E., EDAKKANDAN HOUSE, VELUPADOM P.O.,
THRISSUR DISTRICT, PIN- 680303.
BY ADVS.
SRI.K.P.SUDHEER
SRI.J.RAMKUMAR
RESPONDENT/S:
1 DISTRICT POLICE CHIEF
MALAPPURAM- 676505.
2 CIRCLE INSPECTOR OF POLICE,
PERINTHALMANNA POLICE STATION, PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN- 679322.
3 ALI,
S/O.KUNHIMUHAMMED HAJI, VAZHATHODI HOUSE,
ELAMKULAM, CHERUKARA P.O., PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN- 679340.
* ADDL.R4 AND R5 ARE IMPLEADED
ADDL.R4 THE DISTRICT POLICE CHIEF,
THRISSUR (RURAL), AYYANTHOLE,
COLLECTORATE CAMPUS, THRISSUR.
ADDL.R5 THE STATION HOUSE OFFICER,
VARANDARAPPILLY POLICE STATION,
VARANDARAPPILLY, THRISSUR DISTRICT.
* ADDITIONAL RESPONDENT NOS.4 & 5 ARE IMPLEADED AS
PER JUDGMENT DATED 06.12.2019 IN W.P(CRL.)
R1-2 BY GOVERNMENT PLEADER
R3 BY ADV. SRI.NIREESH MATHEW
OTHER PRESENT:
K.B.RAMANAND- SR.G.P
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.406 OF 2019 2
JUDGMENT
Dated this the 6th day of December 2019 Harilal, J.
This writ petition has been filed on the allegation that the alleged detenue by name Sabikha V. is under the unlawful detention of the third respondent, her father by name Ali. According to the petitioner, the petitioner and the alleged detenue were in love with each other, and they have decided to get married, at the earliest, in accordance with law. When the third respondent and his son, came to know about the said love affair, they opposed the same and thereafter they have confined the detenue into their illegal custody and thereby she is not allowed to move freely and independently.
2. It is also averred in this petition that after taking a decision to get married at the earliest, the detenue eloped with the petitioner on 16.09.2019 and they have resided together in his house, for 1½ months. During this period, they have issued Ext.P1 notice of intended marriage under Section 5 of the Special Marriage Act on 27.09.2019. While WP(Crl.).No.406 OF 2019 3 awaiting for the completion of the statutory period of one month, the third respondent and the brother of the detenue came to the petitioner's house, with a request to conduct a formal marriage. They agreed to conduct a formal marriage of the detenue with the petitioner within a period of 45 days. The said meeting was held on 29.10.2019. In the meantime, Shri. Panakkad Hyderali Shihab Thangal interfered with the matter and the third respondent made the said assurance before him also. Based on the aforesaid understanding, the petitioner handed over the custody of the detenue to the third respondent on 09.11.2019. But, contrary to the said understanding, the third respondent retracted his assurance of formal marriage and started to torture the detenue both physically and mentally, after confining her to their illegal custody. She was not allowed to move freely and independently from her house as she was locked in a room. She has sent Ext.P3 text messages to the petitioner stating about the torturing on her by the third respondent and his men. Thereafter, the detenue is under the unlawful detention of the third respondent and his men. The WP(Crl.).No.406 OF 2019 4 petitioner prays for a direction to the police to produce the detenue before this Court and set her free.
3. In compliance with the interim orders of this Court dated 20.11.2019, 25.11.2019 and 29.11.2019, the detenue has been produced before this Court by the Sub Inspector of Police, Perinthalmanna Police Station. He has filed a statement also.
4. When we interacted with the detenue, she stated before us that the averments in the writ petition are true and correct. According to her, she was in love with the petitioner, for last more than 8 years and they have decided to get married at the earliest. Her father is a very rich business man, who is conducting a quarry business.
5. When the third respondent and his son by name Shaffique came to know the same, they strongly opposed the proposed marriage between the petitioner and the detenue and thereafter they mentally and physically tortured her with an intention to give up the love affair. She further admitted that she eloped with the petitioner on 16.09.2019 and thereafter they were living together in the house of the petitioner till 03.11.2019. They have already issued Ext.P1 WP(Crl.).No.406 OF 2019 5 notice of intended marriage under Section 5 of the Special Marriage Act as alleged in the petition and they were awaiting for registration of their marriage in accordance with the said Act, after the completion of one month. The third respondent also filed Ext.P2 objection to Ext.P1 notice stating that the petitioner is a person, having very bad character and the detenue is suffering from mental depression. While so, the third respondent and his son went to the house of the petitioner and made them to believe that they will give the alleged detenue in marriage to the petitioner by conducting a formal marriage within 45 days. Believing the said assurance made by them, she went along with the third respondent to her parental home at Perinthalmanna.
6. Thereafter, they have confined her into a room in the house and locked. She was not allowed to go outside the said room and they had taken away her mobile phone, laptop etc. While so, one day, her brother Shaffique along with three strangers having muscular physique came to the room, caught hold of her and forcefully injected a medicine into WP(Crl.).No.406 OF 2019 6 her body, without her consent. Thereafter, she has lost her conscious mind and after two days when she got back her conscious mind, she realised the fact that she was admitted in a mental hospital by name S.H. Hospital at Painkulam. In the hospital, they forcefully administered and injected medicines into her body, after tying her hands and legs. Though she tried to resist their attempt, they physically prevailed over her and she continued in such a state of affairs till 02.12.2019. While she was admitted in the hospital, the third respondent and her brother by name Shaffique frequently threatened her with dire consequence if she stood by her wish to marry the petitioner herein. They remind her with the sad fate of Kevin in "Kevin murder case"
and indicated that the end of the petitioner herein also will be like that of Kevin.
7. Subsequently, on 02.12.2019 she was shifted to another hospital by name Santhula Hospital, at Koothattukulam. There also, she has undergone a forceful psychiatric treatment as she experienced in the S.H. Hospital and they also forcefully administered medicine to WP(Crl.).No.406 OF 2019 7 her. According to her, she has suffered both physical and mental pain and agony, for a long period of more than 1½ months. Even now she is unable to talk with us properly and she is under the fear of threat from the third respondent and his men. According to her, she had never been suffering from any kind of mental depression or illness. The alleged mental depression, for which she was forcefully subjected to, was a false story propagated by her parents and brother, for the sole reason that she fell in love with the petitioner, who was born and brought up in a poor family. While she was laid up in the hospital, the police went and traced her from the hospital and produced before this Court, under the direction of this Court.
8. The S.I of Police, Perinthalmanna filed a statement stating that the investigation so far revealed that the third respondent with the help of three other unknown persons forcefully admitted the alleged detenue at Sacred Heart Hospital, Paynkulam on 06.11.2019. After admitting, the detenue was locked in a cell and she was not allowed to see anybody except two staff of the hospital till 02.12.2019. She WP(Crl.).No.406 OF 2019 8 was subjected forceful administration and injunction of medicines without her consent. She was discharged on 02.12.2019 from that hospital and thereafter shifted her to another hospital at Koothattukulam by name Santhula Hospital and the police traced out the detenue from that hospital. It is also stated that, from the investigation it is clear that the third respondent and his son and their cousins kidnapped and abducted her for confining her into their illegal custody. Hence, the police registered crime No.638/2019 under Section 363 and 365 r/w. 34 of IPC and investigation is going on. It is also stated that on 05.12.2019 they have recorded the statement of the alleged detenue and investigation is going on in this respect.
9. In fact, the statements, made before us, by the alleged detenue, disclosing the severe mental and physical torture, to which, she was subjected to, by her father and brother in connivance with doctors and other men under them in two hospitals, are shocking to us and the acts allegedly done by them will constitute various offences punishable under law. According to the statement, she was WP(Crl.).No.406 OF 2019 9 mentally and physically tortured for a long time spanning a period more than 1½ months, in two different hospitals by name S.H. Hospital, Painkulam and Santhula Hospital at Koothattukulam. Even now, she is under the fear and threat from the third respondent, her brother and their men. She is found unable to speak fluently. But during the course of interaction, she narrated the sequence of events that occurred during the past two months in a convincing manner. She consciously and rationally answered all the questions put to her. She is a 4th year B.D.S. student and we are unable to believe the suffering she underwent and the mental trauma. What we find is that merely for the reason that she fell in love with the person who belongs to a poor family, against the will and wish of her parents, she was subjected to physical and mental torture and it was done with a malafide intention to pull her out from the love affair at any rate and costs. In short, we find that the detenue is under the unlawful detention of the third respondent, his son and other men under them.
10. Now the police has registered a crime and WP(Crl.).No.406 OF 2019 10 investigation is going on. We have interacted with the Sub Inspector of Police also, who is present before us. But, no proper investigation has been commenced so far, in accordance with the statement made by the alleged detenue before us. She has made very serious allegations constituting various offences against the doctors and other men under the aforesaid hospitals also. According to her, she has made the very same statement before the police also. In view of the statements made before us alleging malafides and unprofessional misconduct against the doctors and other men under the aforesaid hospitals, the role played by the doctors and other men under the said hospitals also requires investigation and action thereunder, if their acts also would constitute any offence punishable under law, against them. But no investigation has commenced, so far, in this direction.
11. In our opinion, the role of the second respondent is also suspicious in view of the laches from his part to trace out and produce the detenue before us, in time, despite the repeated orders passed by this Court. So also, the petitioner WP(Crl.).No.406 OF 2019 11 has made serious allegations against the second respondent also. Therefore, we are not satisfied with the investigation under the second respondent.
12. We hereby direct the first respondent to constitute a special team under a police officer not below the rank of Dy.S.P. to investigate the said crime. The investigation and further proceedings shall be done independently without any kind of interference from any quarters and the same must be in accordance with law. The first respondent himself shall supervise the investigation. We direct the first respondent to enquire about the laxity on the part of the second respondent, in causing inordinate delay in the production of the detenue before this Court. We remind the first respondent that the detenue has been traced out and produced before this Court only when this Court insisted the personal appearance of the first respondent, before this Court, in case, the second respondent fails to produce the detenue before this Court on 06.12.2019.
13. We have already found that the detenue is under the unlawful detention of the third respondent, his WP(Crl.).No.406 OF 2019 12 son and their men. Therefore, the detenue is set at liberty. We make it clear that she, being a major, has the right to go and live along with the petitioner. Neither the third respondent nor anybody under him has any right to make any obstruction to their life together.
14. The detenue has stated before us that herself and the petitioner are under the threat from the part of the third respondent, his son and their men. Therefore, the District Police Chief, Thrissur (Rural) and S.H.O. Varandarappilly Police Station in Thrissur District, under whose jurisdiction the petitioner and the detenue are going to live, are suo motu impleaded in this writ petition as additional respondents 4 and 5, respectively. The registry is directed to make amendments in the cause title in this respect. They are directed to provide adequate and effective police protection from any kind of threat or obstruction from the third respondent, his son and anybody under them to the petitioner and the detenue to ensure their free and independent life together in matrimony.
The Registry is directed to send a copy of this judgment WP(Crl.).No.406 OF 2019 13 to the additional 4th and 5th respondents, forthwith. We further make it clear that, if any subsequent events or developments warrant any interference of this Court, the petitioner and the detenue are at liberty to approach this Court in this writ petition, to get appropriate relief, in accordance with law.
With the above observations and directions, this writ petition is allowed.
SD/-
K.HARILAL JUDGE SD/-
C.S.DIAS
shg JUDGE
WP(Crl.).No.406 OF 2019 14
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTICE OF INTENDED MARRIAGE
BETWEEN PETITIONER AND THE DETENUE.
EXHIBIT P2 TRUE COPY OF OBJECTION DATED 26.10.2019
SUBMITTED BY THE 3RD RESPONDENT TO THE SUB
REGISTRAR, KODALY.
EXHIBIT P3 TRUE COPY OF TEXT MESSAGE SENT BY THE
DETENUE TO THE PETITIONER.
EXHIBIT P4 PHOTOGRAPHS (2 NOS.) OF THE PETITIONER AND
DETENUE.