VIBIN K Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition under Article 226 has been filed by the petitioner who is working as the branch head of the firm named 'AVEON' which is claimed to be conducting various courses in 'Aviation'. According to the petitioner, Nisha Rajesh was working as the centre head in their centre AVEON at Paravur junction, Aluva. The petitioner alleges that Smt.Nisha Rajesh is in custody of various documents pertaining to the students who attended the courses offered by his institution. The petitioner wants to get back those documents lest prospects of those students will be in peril. The petitioner was unable to get those documents from Nisha Rajesh as she is presently detained illegally by respondents 4,5 and 6 and 7 respectively her father , brother and sister in law and mother. According to the petitioner, on coming to know that the police is investigating into the person missing complaint given to the police by the petitioner in respect of Nisha Rajesh, the respondents 4 to 7 have now got Smt.Nisha Rajesh admitted into the Psychiatry department of the Kolenchery Medical Mission Hospital. She has no mental problem. The confinement of Smt.Nisha Rajesh in the hospital amounts to illegal detention. Hence, this petition for issuance of a writ of habeas Corpus for production of the body of the alleged detenue Smt. Nisha Rajesh is filed by the petitioner.

(2.) ON considering this writ petition for admission, we directed the learned Government Pleader, who took notice on behalf of the third respondent, to seek instructions from the 3rd respondent regarding the correctness of the allegations in the writ petition particularly prayer No. 2 which is for a direction to conduct an investigation and find out the valuable academic documents of the students, presently in the custody of the detenue.

(3.) AS regards the stand taken by the respondents 4 to 7 that Smt.Nisha Rajesh has some mental problem, we say that during our interaction with her, we did not notice any mental infirmity for Smt.Nisha Rajesh.