YAHYA BIN SALEH Vs. STATE

JUDGEMENT

(1.) This writ of Habeas Corpus seeking a direction to respondents 2 to 4 to release the three alleged detenus viz., Yusif Bin Yahya, 2) Ayub Bin Yahya and 3) Mohd. Ghouse, who are the sons of the petitioner from the illegal confinement and a direction to produce the alleged detenus before this Court and also to pass appropriate direction, is filed by the father of the alleged detenus. According to the petitioner on 10-8-198S he was attending to his business along with his three sons i.e., the alleged detenus. On the same day around 4 p.m a Police Inspector along with a Sub-Inspector of Police and 8 to 10 Police Constables came to his shop located in Charkaman area of Charminar and caught-hold of his three sons who arc alleged to be detenus. When enquired about the conduct of the police personnel it was known that the Police are from Task Force of West Zone and that the petitioner was asked to meet the Deputy Commissioner of Task Force team at his office situated at Bcgumpet, Hyderabad. According to the petitioner he went to the office of the Deputy Commissioner of Police, Task Force, around 5-30 p.m. on the same day. But, however, he could not find the Deputy Commissioner of Task Force, but saw his three sons detained in the lockup and were subjected to ill-treatment and physical torture. According to him the Police personnel again required the petitioner to come on 11-8-1998 at about 10-30 a.m. He accordingly went to the Office of the Deputy Commissioner of Task Force, but he was prevented from talking to his sons. Though he made several visits to the Office of the Deputy Commissioner of Task Force, he was not permitted to talk to his sons who are allegedly detained and therefore approached this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and filed the Writ of Habeas Corpus seeking the above directions.

(2.) The writ petition was moved by way of a lunch motion on 13-8-1998 before the Division Bench of this Court. The Division Bench satisfied with the submissions made on behalf of the petitioner and an Advocate-Commissioner was appointed with a specific direction to visit the Police Station, Task Force, West Zone, Begumpet, Hyderabad and record the statements of the alleged detenus and report to the Court. Pursuant to which Sri D. Siva Nageswara Vara Prasad Babu, who was appointed as Advocate-Commissioner by this Court, accompanied by the advocate on behalf of the petitioner, stated to have visited the Police Station, Task Force, West Zone, Begumpet on the same day around 6 p.m. During the course of his visit the learned Advocate-Commissioner seems to have noticed one Shaik Nazir who wa kept in Police lockup. On enquiry the said Nazir seems to have informed the learned Advocate-Commissioner that one person by name Ayub Bin Yahya who was detained in the lockup along with him, an hour earlier, to the visit of the Advocate-Commissioner was taken away by the Police to an unknown destination. The learned Advocate-Commissioner also made some enquiries. He could not find anybody nonetheless none of the detenus were seen by him with the Task Force Police nor in the Cell and prepared a report about what has been seen by him and submitted to the Court on 17-8-1998.

(3.) According to the learned Counsel for the Petitioner that all these three persons viz., 1) Yousif Bin Yahya, 2) Ayub Bin Yahya, and 3) Mohd.Ghouse, who are the sons of the petitioner were illegally taken into custody by the Task Force Police of Begumpet on 10-8-1998 and have been detained there for quite a long period till the Writ Petition is filed. According to the learned Counsel for the petitioner, as per the counter filed by the respondent though it was claimed that Ayub Bin Yahya was handed over by the Task Force Police to Mirchowk Police on 13-8-1998 he was produced only on 18-8-1998. He pleaded that the said Ayub Bin Yahya was ill-treated and was subjected to harsh treatment resulting in Ayub Kin Yahya being admitted in the Osmania General Hospital. With regard to Yonsif Bin Yahya and Mohd Ghouse is concerned, the learned Counsel stated that Ghouse was left at Chandrayangutta area around 7 p.m on the same day i.e., 13-8-1998 and as far as Yousif Bin Yahya is concerned he was left near Charminar area on the very same day. The learned Counsel states that these persons were treated by the Doctors of Osmania General Hospital and they underwent treatment for number of days.