IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3237 of 2010(D)
1. KHADEEJA, W/O.HASSAN HAJI,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. MUHAMMED, S/O.KANNANCHERRY PARASSERY
3. SAIDALAVI,
4. IBRAHIM,
5. ABDUL RAHIMAN,
For Petitioner :SRI.G.HARIHARAN
For Respondent :SRI.DINESH MATHEW J.MURICKEN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :17/02/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN,
&
P.S.GOPINATHAN, JJ.
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W.P(C).No.3237 OF 2010
&
W.P(Crl).No.56 OF 2010
-------------------------------------------
Dated this the 17th day of February, 2010
JUDGMENT
Thottathil B.Radhakrishnan, J.
1.On 30.1.2010, the former among the captioned matters was
filed seeking an order of police protection. On 4.2.2010, the
latter was filed seeking the issuance of a writ of habeas corpus
in relation to one Mr.Hassan Haji who is around 80 years of
age.
2.W.P(C).3237/10, seeking a direction for police protection, was
filed by Khadeeja, one of the daughters of Hassan Haji. She is
the 4th respondent in W.P(Crl).56/10, filed seeking issuance of
a writ of habeas corpus.
WPC.3237/10 & WPCr.56/10
2
3.Pending these matters, this Court issued a Commission to visit
the alleged detenue to ascertain as to whether he is in illegal
detention. Such Commission was issued based on the
submissions on both sides that Mr.Hassan Haji is frail in
health having regard to his advanced age. The
Commissioner’s report is on record. That evidences the
unfortunate plight of a person who is essentially bed ridden,
having hearing impairment and feeble and also under
emotional pressure from the manner in which his wives and
children are conducting themselves.
4.It appears that Mr.Hassan Haji has three wives living.
Khadeeja, the petitioner in W.P(C).3237/10 is his daughter
through his eldest wife, with whom, he is now found to be
residing. Before the Commissioner, Hassan Haji appears to
have stated, quite feebly, certain things. But what came up
with sufficient amount of sorrow from him is recorded in
paragraph 3(b) of the Commissioner’s report.
WPC.3237/10 & WPCr.56/10
3
“The detenue only said that he did not want to
move out of the house and did no wish to go to
any other house. Possibly, he was saying this on
account of the fact that he is bedridden. He
expressed his desire that all his children should
visit him at least once in two days. He also
expressed concern for his male children and
wanted them by his side often. When I put to the
4th respondent, she said that her make siblings
were not welcome to the house as the same
belonged to her husband and she feared that her
husband’s people may not take kindly to the visit
of her brothers. She also said that they talked
loudly and were thus a nuisance to others
especially the other female members in the
household. Petitioners 3 to 6 said that they
talked loudly only on account of the hearing
problem of their father (detenue).”
5.It is unfortunate that Mr.Hassan Haji, who is stated to have
toiled abroad to bring up his family, is in such a sad plight. We
hope that the wives and children will try to look inward unto
themselves searching for answers as to whether this is the
manner in which an elderly human being has to be treated.
WPC.3237/10 & WPCr.56/10
4
We are quite sure that the tenets of Islam is nothing but full of
love and compassion and no religious book or any sasthra for
that matter, would stand to advise any person against
practising basic human values of love and compassion. The
children of Hassan Haji should remember that what every
person would get from his successors would be what he gives
to his parents. The wives of Hassan Haji have necessarily to
play their role of appropriate motherhood to persuade and
keep the children of Hassan Haji through all of them as
siblings living in love and mutual respect.
6.We do not find any ground to issue any direction for police
protection. The presence of police in the situation should be
the last thing. We are, however, clear that the little bickerings
between Khadeeja, the 4th respondent in W.P(Crl).56/10 and
her siblings as also her husband should be given an end to.
Peace and love has to prevail to let Mr.Hassan Haji have his
long innings drawn to a close at some point of time when it
WPC.3237/10 & WPCr.56/10
5
may visit him, in peace and tranquility, having the feeling that
his wife and children love him and are with him.
7.With the aforesaid, we hereby direct that the children of
Hassan Haji will have the opportunity to visit him at least once
in a week and if his health situation demands, more frequently,
in his present place of residence, i.e., the home (shall call it
merely a house?) of Khadeeja, the 4th respondent in W.P(Crl).
56/10. The said daughter and her husband, as also the siblings
of Khadeeja will make the situation conducive even if they may
have any disputes among themselves on some materialistic
matters. It is further ordered that if any of the parties have
any difficulty in working out this order or if any of the parties
are of the view that any further indulgence from any person
outside the family is required, they will be at liberty to move
the Chairperson of the District Legal Services authority,
Malappuram who will do the needful even by making over the
matter to the appropriate Taluk Legal Service Authority for
WPC.3237/10 & WPCr.56/10
6
soothing intervention, having the affairs of Mr.Hassan Haji as
the prime concern. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
Sd/-
P.S.GOPINATHAN,
Judge.
kkb.17/02.