ANSHAD BADARUDHEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, by means of the instant writ petition, is seeking the following reliefs :-

(2.) In order to appreciate the controversy involved in this writ petition, it is necessary to set out the relevant facts, herein below : -

(3.) The petitioner and his friend, namely Firos K. C., are residents of the State of Kerala and are admittedly members of Popular Front of India (hereinafter referred to as "PFI"), having its Head Office at Delhi. They are said to have been arrested on 11.02.2021 at Mughal Sarai Railway Station when they were going to Lokmanya Tilak Terminus, Mumbai from Katihar, Bihar. It is further stated that the First Information Report bearing No.0004 of 2021 dated 16.02.2021 has been lodged in this connection under Sections-120-B, 121A of I.P.C., Section 3 and 5 of Arms Act, Sections-3, 4 and 5 of Explosive Substances Act, 1908, Sections-13, 16, 18 & 20 of Unlawful Activities (Prevention) Act (hereinafter referred to as "UA (P) Act)" at Police Station-ATS, District-Lucknow disclosing their arrest from Kukrail Jungle, Lucknow on 16.02.2021. It is also stated by the petitioner that the petitioner's wife, namely, Smt. Mohsina M. T. filed an application dated 15.02.2021 before Circle Inspector of Police, Pandalam, Police Station, Kerala for tracing the whereabouts of her husband i.e., the petitioner, which was registered as F.I.R. No.0250 of 2020, under Section 57 of Kerala Police Act, 2011. The wife of Firoz K. C., namely, Smt. Soujath also filed a similar complaint, which was registered as F.I.R. No.0113 of 2021, under Section-57 of Kerala Police Act, 2011 at Police Station-Badagara, District-Kozhikode Rural, Kerala, for tracing the whereabouts of her husband. According to the petitioner, F.I.R. No.0004 of 2021 has been lodged at Police Station-ATS, District-Lucknow after illegally detaining the petitioner for the sole reason that the petitioner and his friend, Firoz K. C. are members of the PFI.