SHAMNATH .S Vs. THE DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The petitioner is approaching this court seeking a writ of Habeas Corpus for directing production of the corpus of her brother, Master. Shamnad and to set him at liberty, based on an allegation that he is under wrongful confinement of the 4 th respondent. Inter alia, the petitioner is seeking direction to the 4 th respondent to give back all belongings of Master.Shamnad and to direct Master.Shamnad to accompany the petitioner.

(2.) Averments in the writ petition in brief are as follows. The petitioner is the sister of the alleged detenue, Master.Shamnad. The petitioner, the alleged detenue and their mother were living together after the father of the petitioner and the alleged detenue had deserted them. The petitioner is now married and is living with her husband in the matrimonial home. Long back, when the petitioner and the alleged detenue were living along with their mother, the small hut in which they were living got ruined in heavy rain. At that time the 4 th respondent gave shelter to the petitioner's family. But shortly after that the petitioner shifted her shelter to an orphanage, when she was at the age of 16 years. The alleged detenue was aged only 6 years at that time. While staying in the orphanage, the petitioner contracted the marriage with a person belonging to another community. Her mother had shifted her residence from the house of the 4 th respondent to another small hut, by leaving the alleged detenue with the 4 th respondent, based on a promise made by the 4 th respondent that he will provide proper care and education to the alleged detenue. The 4 th respondent had put up the alleged detenue in a school. But, it is alleged that, the 4th respondent deviated from the promise and discontinued studies of the alleged detenue and put up him in a 'Madrasa' near to his home. Recently the petitioner and her mother came to know that the 4th respondent has not fulfilled his promise. Therefore the petitioner approached the 4 th respondent to take back her brother. But the 4th respondent was not prepared to reveal whereabouts of the alleged detenue. Now the petitioner and her husband had constructed a small house for her mother and the mother is living there alone. The mother is desirous of having the alleged detenue with her. But the 4th respondent is not allowing her to see the alleged detenue. Even though the petitioner approached the 3 rd respondent through a detailed complaint, no appropriate action was taken. Hence, alleging illegal confinement of the alleged detenue by the 4th respondent, the petitioner is approaching this court.

(3.) On getting information about the writ petition, the 4 th respondent appeared before this court on today and produced the alleged detenue. When we interacted with the alleged detenue, Master.Shamnad, he said that he had completed the age of 17 years, his date of birth being 2.10.2000. According to him, he was staying along with the family of the 4th respondent since he was 4 year old. He also said that, he has completed SSLC from a school at Aanakkuzhy, Venjaramoodu. Thereafter he was studying in an Arabic College situated at Sreekaryam, Thiruvananthapuram. He had completed the course of 'Hafil' by spending about 2B= years in that college. At present he is pursuing his studies in another course named 'Halim', at an Arabic college at Edathala near Aluva. He said that he is staying in the Hostel of that college at present and he used to visit the house of the