ABDUL LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The Writ Petition (Crl.) is filed seeking the following reliefs:

(2.) The petitioner is aggrieved by the investigation conducted in Crime No.687/2023 of Changaramkulam Police Station which was registered under Sec. 57 of the Kerala Police Act, 2011. The case was initiated based on a complaint filed by the petitioner on 11/7/2023. The petitioner's son, Jamsheer, aged 25 years old, holding Indian Passport No.V4109782 and Aadhar Card No: 611833340315, has been missing since April 2023. Jamsheer, a B.S.C. Electronics degree holder, had been working in Ernakulam and went to UAE on 13/11/2022 in search of employment on a visiting visa. Until 29/3/2023, he regularly communicated with the petitioner's home through phone calls and text messages through WhatsApp from his mobile phone is the submission. However, after 4/4/2023, all contacts ceased, and his mobile number was found switched off. On 6/4/2023, the petitioner's elder son received a WhatsApp message from Jamsheer's mobile number, composed in Malayalam but using English characters, claiming that he had been arrested at Nepal airport with 1.5 kilograms of gold and would be granted bail in a few days. Thereafter, it is submitted that the petitioner learnt from the UAE emigration department that Jamsheer left UAE on 22/3/2023 and arrived at Hyderabad airport on 23/3/2023. Subsequently, there was no updates is the submission. It is submitted that the son of the petitioner is missing for the last two years and no investigation is conducted by the police. According to the petitioner, he suspects foul play in the messages received and believes that his son is in trouble. It is also submitted by the petitioner that, attempts to contact authorities in Nepal is also in vain and there is no investigation, and the petitioner's concern is that his son may be under illegal detention. According to the petitioner, the delay in an effective investigation poses a serious risk to the son of the petitioner and therefore, the investigation is to be conducted by the Central Bureau of Investigation because the investigation is to be conducted in different States and in other countries also. The petitioner submitted complaints to the Chief Minister of Kerala, the Director General of Police, and other authorities, seeking a CBI investigation. But, there is no response. Hence, this Writ Petition (Crl.) is filed.

(3.) Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the CBI and the learned Public Prosecutor.