IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 9 of 2010(S)
1. S.ABDUL MAJEED, S/O.S.MOIDEEN,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE, KANNUR.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. M.SHAREEF, S/O.N.P.MUSTHAFFA,
5. M.NAZAR, S/O.N.P.MUSTHAFFA, AGED 28
6. N.P.RASHEED, S/O.N.P.ASHRAFF,
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :13/01/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl) No.9 of 2010
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Dated this the 13th day of January 2009
JUDGMENT
BASANT, J.
The petitioner has come to this Court with this petition for
issue of a writ of habeas corpus to search for, trace and produce
his son Sajeer, a young man, aged above 20 years. The alleged
detenu Sajeer, is born on 02.02.1989. The alleged detenu was
missing from 18.12.2009. A complaint was filed before the
police. The alleged detenu was not traced. It is the
apprehension of the petitioner that his son, the alleged detenu, is
being detained illegally by respondent Nos.4 to 6. Respondent
Nos.4 and 5 are the brothers of one M.Sahira, with whom, the
petitioner’s son is allegedly in love. It is the case of the
petitioner that the said Sahira, is already married to another
person and has returned to her house. Respondent Nos.4 and 5
and the petitioner are neighbours. As the petitioner’s son could
not be traced, he came to this Court with this petition on
07.01.2010.
2. Notice was ordered to respondent Nos.4 to 6 on
08.01.2010. As the regular Bench dealing with the matter is not
sitting today, the file has been sent to this Court.
W.P(Crl) No.9 of 2010 2
3. Today when the case is called, the petitioner is
present. He is represented by his counsel. Respondent Nos.4 to
6 are present. The alleged detenu has also come to Court along
with respondent Nos.4 and 5. The said Sahira and her father
have also come to Court. The petitioner claimed an opportunity
and we permitted the petitioner to interact with his son, the
alleged detenu.
4. After lunch recess, we interacted with the alleged
detenu in the Chamber. Initially we interacted with him alone.
Later we interacted with him in the presence of the petitioner.
Subsequently we interacted with him in the presence of
M.Sahira and her father. Their counsel and the learned G.P
were also present.
5. The alleged detenu, after he was granted a long time
to interact with the petitioner, stated before us categorically that
he is not under any illegal detention or confinement of
respondent Nos.4 to 6. But he asserted categorically that he
wants to get married to Sahira. Sahira and her father are
agreeable for the marriage. But they state that an earlier
marriage of Sahira with one Shameem is now in force.
According to them, arrangements are all made to get the said
marriage dissolved by pronouncement of talaq.
W.P(Crl) No.9 of 2010 3
6. In the Chamber, there was initially the talk of a
possible harmonious settlement of the disputes. The parties and
their counsel were given time to interact with each other and
report such settlement if any before Court. Later they submitted
before us that no settlement has been reached. The alleged
detenu, the said Sahira and her father submit that marriage shall
be performed only in accordance with law after Sahira gets legal
divorce and the alleged detenu attains the age of 21 years.
7. In a petition for issue of a writ of habeas corpus, this
Court is primarily concerned with the question whether there is
any illegal detention or confinement of the alleged detenu. The
alleged detenu Sajeer has stated categorically before us that he
is not under illegal detention or confinement of any one. He is
absolutely at liberty, he states. But he does not want to go along
with his father.
8. We are, in these circumstances, satisfied that
inasmuch as there is no element of illegal confinement or
detention of the alleged detenu Sajeer, this petition for issue of
writ of habeas corpus can be dismissed. No further directions
appear to be necessary.
W.P(Crl) No.9 of 2010 4
9. This Writ Petition is, in these circumstances,
dismissed. The alleged detenu Sajeer is permitted to leave the
Court and pursue whatever course he wants to as a free person.
He opts to return not with his father the petitioner, but with
respondents 4 to 6 and the said Sahira and her father.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/-