V.P.RIYAS Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) READ our order dated 12/2/2013 and earlier orders passed in this case including the first order passed on 1/2/2013. Today, it was submitted by Sri.Biju Meenattur learned senior Government Pleader that the report submitted by the Medical Board constituted by the Medical College Hospital is not yet forthcoming. However, respondents Nos. 4 and 5 (brother and son respectively of the detenue Abu) would place before us the discharge card issued by the Thiruvananthapuram Medical College Hospital while discharging Abu from that hospital. The discharge card reveals that Sri. Abu was treated in the hospital for bipolar disorder in partial remission and that he has been discharged with the advise to continue follow up from a Psychiatrist .

(2.) TODAY Abu is present before us. We interacted with him in detail. He told us that he does not have any mental ailment whatsoever. He claimed to be a perfectly normal person. He submitted before us a detailed complaint prepared by him with the assistance of one lady social worker with whom he came into contact at the Thiruvananthapuram Medical College Hospital. The above complaint is annexed to this judgment. The gist of the complaint is that he wants to reside along with the writ petitioner who is his nephew being the son of Mammutty, the 4th respondent. We interacted with everybody present before us.

(3.) THE apprehension which was voiced before us by the party respondents is that Riyas, the writ petitioner, is a man of bad character and that if Abu is given to the custody of Riyas, there is every likelihood of Abu being compelled to execute documents relating to valuable properties belonging to Abu in favour of Riyas or nominees of Riyas resulting in defeating the interest of the natural heirs and dependents of Abu in the property. We must say that we, in this proceedings, are concerned about the question of Abu's personal liberty. Abu in the unambiguous terms told us that he wants to reside along with Riyas, the writ petitioner, at his residence. He also told us that he apprehends danger to his life and limbs from respondents 4 and 5 and from various other persons in Malappuram District who are opposed the ideals for which Abu Stands for. According to Abu, he is an ardent follower of Chekanoor Maulavi and there is a large section of people in Malappuram District who are ought to destroy everybody who follows the teachings of Chekanoor Maulavi.