Sundari vs The Station Housek Officer, Shaji and The Deputy Superintendent of Police

R. Basant, J.—The petitioner, a woman aged 55 years, has filed this petition for issue of a writ of habeas corpus to search for, trace and produce her son Binu aged about 26 years, who, according to the petitioner was illegally taken away on 08/02/2009 by the second respondent and some others. This petition was filed on 16/3/2009. The same was admitted on the same day. The matter has been adjourned from time to time. This judgment must be read in continuation of the earlier orders passed in the case.

There was an allegation that the petitioner was forcibly dragged into a car and taken away by the second respondent and others. The police were not able to trace the alleged detenu. Repeated directions were issued to the police. At long last, the Director General of Police was impleaded and he was directed to ensure that the detenu is produced.

Today when the case is called, the petitioner and her husband are present. She is represented by her counsel. The alleged detenu Binu is produced by the police. We interacted with the said Binu in open court. He states that he is aged about 30 years and the petitioner is his mother. The petitioner also identifies the person produced as the alleged detenu, her son Binu. Sri. Binu states before us that he was in illegal custody for four days after the date of his alleged disappearance; but thereafter he has been set free. He is not under illegal detention or custody of anyone now. He is residing in Karnataka now. He had appeared before the police on 08/09/2009 after coming from Karnataka. He has already been produced before the learned Magistrate having jurisdiction, submits the learned Government Pleader.

The learned Counsel for the petitioner, after taking specific instructions from the petitioner, who is present in court now, submits that she is satisfied that her son, the alleged detenu, is not under illegal confinement and detention by anyone now. The learned Counsel for the petitioner submits that the petitioner does not, in these circumstances, seek any further directions.

We accept the statement of the alleged detenu that he is not under illegal confinement or detention by anyone now. Of course, he has a grievance that he was illegally detained for four days, immediately after the date of his disappearance. A crime has already been registered. Needless to say, appropriate action must be taken by the police. No further directions are necessary in the matter.

This writ petition is, in these circumstances, dismissed with the above observations.

18.06.2009

The petitioner, a woman, has come to this Court with a grievance that her son had been kidnapped by four persons in a car on 08/02/2009. It is her grievance that the police did not take action on the complaint promptly lodged by her on that day itself. This obliged her to file a complaint before the learned Magistrate and the learned Magistrate made a reference of the complaint u/s 156(3) Cr.P.C. Such referred complaint was registered as a crime on 13/2/2009. Though a period of more than four months has elapsed, the police have not been able to trace the missing person. The petitioner mother is still obliged to run from pillar to post unable to get any clue of the whereabouts of her son. In the meantime, a person appeared before this Court to claim that he had witnessed the kidnapping. Later, before the police, he ate his own words. Be that as it may, the position now is that the police have not been able to trace the son of the petitioner though a period exceeding four months has elapsed. Investigation is being conducted by a Sub Inspector of Police now under the supervision of his superiors. He has not been able to make any headway in the investigation of the crime. Dissatisfied with the investigation, the petitioner has today filed I.A. No. 7532/09 to implead the Director General of Police as the additional 5th respondent. That petition I.A. No. 7532/09 is allowed. The Director General of Police is impleaded as the additional 5th respondent. We deem it necessary to direct the Director General of Police to immediately constitute a special investigating team headed by an appropriate superior officer of the police to investigate into the crime registered at Vilappilsala police station in respect of the disappearance of the son of the petitioner. Necessary orders shall be issued within a period of one week by the Director General of Police and the police shall conduct investigation in all seriousness and make every effort to trace the missing son of the petitioner. The Director General of Police shall ensure that the investigation is properly monitored and that the new head of the investigation team files a statement showing the progress made in the investigation by 22/7/2009.

Call on 22/7/2009.