HASEEN MOHAMMED M Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner in this writ petition filed under Article 226 of the Constitution of India seeks a writ of Habeas Corpus directing the 1st respondent, Sub Inspector of Police, Nedumbasseri to produce the body of the detenue Divya.K. before this Court and to set her at liberty. The petitioner has averred that he and the detenue had a relationship for the past seven years and that since they belong to different religions the parents of the detenue were against their relationship and therefore, they were constrained to register their marriage under the provisions of the Special Marriage Act, 1954 on 16.6.2014 and ever since they were living together at Nedumbasseri. A copy of the marriage certificate issued by the Marriage Officer, Nemon, Thiruvananthapuram is on record as Ext.P1. The petitioner has averred that while he and the detenue were living together, on 17.7.2014, at about 8 p.m. respondents 2 and 3 along with some goondas trespassed into his house and forcibly took away the detenue with them. The petitioner has averred that the detenue has informed him by email that she is under the illegal custody of respondents 2 and 3 and that they have forcibly taken and handed her over to the custody of a black magician. Ext.P2 email is relied on in support of the above said averment. The petitioner has also averred that after the incident he filed Ext.P3 complaint before the 1st respondent, but 1st respondent has not so far taken any step to free the detenue from the illegal custody of respondents 2 and 3.

(2.) THE instant writ petition was admitted and notice ordered to the respondents on 25.7.2014. On that day, this Court directed the respondents to produce the detenue before this Court on 4.8.2014. The detenue was produced by respondents 2 and 3 before this Court on 4.8.2014. When we interacted with the detenue on 4.8.2014, she told us that she has already consumed some poison. She also told us that she has consumed more than ten tablets. She was however, not aware of the name of the tablet which she had allegedly consumed. We therefore, called for the services of Dr.Benjamin Philip, the Doctor available in the High Court Dispensary, who after examining her told us that he may be permitted to get her examined in the General Hospital, Ernakulam. We thereupon passed the following order: Pursuant to the order passed by this Court on 25.7.2014 respondents 2 and 3 produced the detenue Divya.K. in Court. When we interacted with her she told us that she has already consumed some poison. She also told us that she has consumed more than ten tablets. She was however, not aware of the name of the tablet which she had allegedly consumed. We therefore, called for the services of Dr.Benjamin Philip, the Doctor available in the High Court Dispensary, who after examining her told us that he may be permitted to get her examined in the General Hospital, Ernakulam. We accordingly hand over custody of the detenue to Dr.Benjamin Philip, Doctor of the High Court Dispensary and direct Smt.Rupa Kala, Woman Police Constable of High Court Security Wing to take the detenue to General Hospital, Ernakulam forthwith without waiting for a copy of this order. The Security Officer of this Court is directed to see that the detenue is taken to the General Hospital without interference from anyone else. Neither the petitioner nor the parents of the detenue shall interact with her without our express permission. We also direct the Superintendent of General Hospital, Ernakulam to submit a report to this Court about the detenue tomorrow through the learned Public Prosecutor. The Superintendent of General Hospital, Ernakulam, shall produce the detenue tomorrow in this Court and till such production he shall ensure the safety of the detenue. The Commissioner of Police, Kochi City, shall render all necessary help to the Superintendent of General Hospital, Ernakulam, if so required. Post tomorrow. Handover a copy of this order to the learned Public Prosecutor forthwith."

(3.) WHEN the writ petition came up on 5.8.2014, Smt.Kochumol Koduvath, learned Senior Government Pleader, submitted on instructions that the Superintendent, General Hospital, Ernakulam, is of the opinion that the detenue should be under observation for two more days, that she is stable and treatment for paracetamol poisoning is going on. The petitioner, who was present in person, as well as the parents of the detenue submitted that they would like to see the detenue in the hospital during visiting hours. The petitioner also submitted that he apprehends danger to his life and to the life of the detenue and therefore, adequate police protection may be granted to both of them. After considering the said requests, we passed the following order: "When this writ petition came up for hearing yesterday, the detenue, who was produced by respondents 2 and 3, told us that she had consumed poison. We therefore, handed over custody of the detenue to Dr.Benjamin Philip, Doctor of the High Court Dispensary, and directed a Woman Police Constable attached to the security wing of this Court to take the detenue to the General Hospital, Ernakulam. We also directed the Superintendent, General Hospital, Ernakulam, to submit a report to this Court about the detenue today through the learned Government Pleader and to produce the detenue in Court today. 2. When this writ petition was taken up for hearing today, Smt.Kochumol Koduvath, learned Senior Government Pleader, submitted on instructions that the Superintendent, General Hospital, Ernakulam, is of the opinion that the detenue should be under observation for two more days, that she is stable and treatment for paracetamol poisoning is going on. The petitioner, who is present in person, as well as the parents of the detenue submitted that they would like to see the detenue in the hospital during visiting hours. The petitioner also submitted that he apprehends danger to his life and to the life of the detenue and therefore, adequate police protection may be granted to both of them. 3. After interacting with the petitioner and the parents of the detenue and after considering their request we deem it appropriate to issue the following directions: - (i) The petitioner as well as the parents of the detenue (Divya.K) shall be permitted to visit the detenue during visiting hours, once in the morning and once in the evening, in the presence of a Doctor deputed by the Superintendent, General Hospital, Ernakulam. Needless to say, they shall be permitted to visit the detenue separately and not in the company of each other. This arrangement shall continue until the detenue is discharged from the hospital and produced before this Court on 7.8.2014. (ii) Until further orders the Commissioner of Police, Kochi City, shall provide adequate round the clock security to the person of the petitioner and also depute one woman Police Constable in the Medical ICU of General Hospital, Ernakulam, where the detenue is undergoing treatment. Post on 7.8.2014. Handover to the learned Government Pleader."