Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained

The Kerala High Court recently appreciated the "invaluable assistance" rendered to it by the State Police in disposing a habeas corpus writ petition.

The Division Bench consisting of Justice K. Vinod Chandran and Justice C. Jayachandran exalted the assistance of various Police Personnel within State Police Department in tracing out the person, alleged to have been illegally detained, both within and outside the state. 

We cannot but appreciate the good work done by the entire State Police and especially the Liaison Officers of the Police Department, especially (i) Bijoy Chandran C.K, Circle Inspector of Police & Liaison Officer, High Court of Kerala, Kochi City, (ii) Pradeep Kumar G., Sub Inspector of Police (G), Police Liaison, High Court of Kerala, District Head Quarters, Kochi City and (iii) Gireesh K.P, S.I of Police, DHQ, City A.R, Kochi City, who have successfully communicated our orders and ensured their due compliance; who in our opinion require a good service entry in their service records.

The writ petition was moved by a 46 years old resident of Neyyattinkara in connection with the disappearance of his maternal aunt. The Petitioner, his maternal aunt and his maternal uncle, are the co-owners of properties left behind by the petitioner's maternal grandparents, and the petitioner had filed a suit for the partition before the Neyyattinkara Munsiff Court; however, the summons was returned without service. 

The Police search was in vain, and they were unable to trace the lady. The petitioner had specifically raised the contention that the old lady was spirited away to a foreign country by his maternal uncle (4th respondent) with a dubious intent to grab her properties. 

On questioning the 4th respondent, who had returned to India, it was revealed that his sister was suffering from a mental ailment and was admitted to a convent. The medical records adduced before the Court indicated that the old lady was suffering from schizophrenia. 

Thereby, the Court disposed of the Writ Petition, directing the Convent authorities to permit the petitioner to interact with his maternal aunt in periodicity. 

It also clarified that if any summons or service is sought to be served on the lady, the Convent shall reply specifying the mental illness and requesting the concerned Court to appoint a guardian, who does not have interest in the properties.

Case Title: Solaman v. The State Police Chief and Ors. 

Case Title: 2022 LiveLaw(Ker) 524

Click Here To Read/Download The Order