Contempt Petition In Kerala High Court Against Police Officer Alleging Violation Of DK Basu Guidelines

A contempt petition has been filed in the Kerala High Court against four police officers over alleged violation of D.K. Basu guidelines on arrest [DK Basu v. State of West Bengal (AIR 1997 SC 610)].

A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas on Thursday sought response from the respondents.

Rahoof, a 28 year old had allegedly been arrested and illegally detained by the respondent police officials in willful disobedience of the requirements to be followed in all cases of arrest and detention. It was alleged that Rahoof had been forcibly taken away from the shop run by him on February 28, 2023, by two police officers in uniform and four others in civilian dress. 

The mother of the detenu, who is the 1st petitioner herein, averred that despite her having lodged written complaints before the District Police Chief, Malappuram, the authorities were reluctant and all her attempts to trace the whereabouts of her son had become futile. 

The petitioner-mother submitted that her plea seeking a writ of Habeas Corpus was eventually disposed of on the submission of the Public Prosecutor that her son had been arrested and remanded in a crime registered by the Meenakshipuram Police. The SHO, Parappanangadi Police Station had submitted a report in this light. However, she added that the report submitted by the SHO, Meenakshipuram Police, indicated certain contradictions to the former.

The petitioners alleged that the respondent police officers had blatantly flouted the guidelines that were laid down by the Apex Court in D.K. Basu case (Supra), and had also violated the rights guaranteed by Articles 21 and 22 of the Constitution. 

The plea has been moved through Advocates P.M. Manoj, P. Anto Thomas, and Hamzath Ali V.K. 

Case Title: Sulaikha & Anr. v. Viswanadh R. IPS & Ors. 

Case Number: Con. Case (C) No. 1649 of 2023