SHEREENA HAKKIM Vs. STATE POLICE CHIEF

JUDGEMENT

(1.) The petitioners herein, being the parents of Ms. X (name withheld for privacy), state that Ms. X, aged approximately 23 years and a graduate, has formed an acquaintance with the 5th respondent, who is identified as a member of the LGBTQ+ community. The 5th respondent, along with others, has established an online social media group by name "Mazhavillu" and they are alleged to have lured their daughter into joining this group. They contend that their daughter is suffering from certain behavioral issues and on previous occasions had to seek treatment under a Counseling Psychologist. To substantiate their claim, the petitioners rely on Ext.P3, a certificate issued by the psychologist, indicating that Ms. X, after counselling, was referred to the Psychiatry Department of the Quilon District Hospital for psychiatric evaluation, treatment and management as she was found engaged in a toxic relationship with the person of the same gender.

(2.) The petitioners further state that their daughter went missing and they had to lodge a complaint with the police, leading to the registration of Crime No. 815/2024 at the Kottarakkara Police Station under Sec. 57 of the Kerala Police Act. Ms. X was subsequently located and produced before the Magistrate. The petitioners claim that when they attempted to save their daughter from the clutches and influence of the 5th respondent and her men, a complaint was lodged by the latter, resulting in the registration of Crime No. 836/2024 under various provisions of the IPC, wherein the petitioners and others have been named as the accused. They assert that, under the pretext of dispute resolution, Ms. X was invited by the 5th respondent and subsequently forcefully taken away. Despite lodging a complaint with the police, no action has been taken to date. Complaining that Ms. X is being illegally detained by the 5th respondent, this writ petition is filed seeking the following relief: i. Issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, commanding the respondents 1 to 4 to take the custody of the detenue, XXXXX, aged 23 years, and produce the detenue before this Hon'ble Court from the illegal custody and detention of 5th and 6th respondents;

(3.) This Court issued notice by special messenger calling upon the party respondents to appear in person before this Court along with Ms. X.