NOUSHI RAFI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) At about 7.30 a.m. on April 3, 2009, husband of the petitioner was allegedly taken into custody by some unknown people and taken to Kolhapur in Maharashtra. Petitioner alleges that the forceful abduction and removal of her husband to an unknown destination outside Kerala is clearly an illegal and high handed act warranting interference by this Court. She therefore, prays for issuance of a writ in the nature of Habeaus Corpus directing the respondents, who are the Director General of Police, Thiruvananthapuram, Superintendent of Police, Malappuram and his subordinate officers to produce the detenue before this Court and set him at liberty.

(2.) Apparently, petitioner seems to be aware that her husband was taken into custody by some lawful authority. But, according to the petitioner, even if some such authority had taken her husband into custody in connection with some crime, the said authority ought to have followed the procedure prescribed by law and the guidelines laid down by the Apex Court in several cases. Petitioner submits that on further enquiry made by her, it has been learnt that her husband was taken to Kolhapur where he has been kept under unlawful detention. The Officers who took the detenue into custody did not bother to inform any of the near relatives of the detenue or the local police about the apprehension and detention.

(3.) Learned Government Pleader, after getting instructions, informed the Court that petitioner's husband Mr. Amir Rafi was taken into custody by Sri. M. B. Muluk, Police Inspector, Kagal Police Station, Kolhapur District, Maharashtra State at 9.50 p.m. at Tirur on March 4, 2009 in connection with Crime No.28/2009, registered at the Police Station referred to above, for the offences under S.395 and S.341 of Indian Penal Code. Learned Government Pleader further submitted that the arrest was recorded only on March 6, 2009. The arrestee was not produced before the local Magistrate and his arrest was not intimated to any of his near relatives, including the petitioner.