FOUSIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has come to this Court with a grievance that her husband Sri.Mahin is being illegally detained. In the petition, she had not given the details of the persons responsible for the detention. She only asserted that some persons, who came in a private Scorpio vehicle, had taken her husband away on 30.07.2010 at about 6 p.m. This petition was filed on 02.08.2010. THE learned Government Pleader was directed to take instructions. It is accordingly that the matter has come up for hearing before us today.

(2.) TODAY when the case is called, the petitioner is represented by her counsel. The alleged detenu Mahin has appeared before Court.

(3.) RULE of law mandates that a person must be taken into custody only in accordance with the procedure established by law. There is dispute between the petitioner or the respondent as to whether the alleged detenu Mahin has been taken into custody or not. While the petitioner and the alleged detenu assert that the alleged detenu had been taken into custody illegally by the respondents, the respondents take the stand that the said Mahin was only questioned by the police in accordance with law and there was no element of detention/confinement.