Kerala High Court Appreciates Police Effort in Finding Woman Allegedly Detained Illegally

Kerala HC Law Insider

Aastha Thakur

Published on: 15 October 2022 at 22:05 IST

The Kerala High Court recently appreciated the State Police “invaluable assistance” in handling a habeas corpus writ petition.

The Bench comprising Justice K. Vinod Chandran and Justice C. Jayachandran praised the help of numerous police officers from the State Police Department in locating the person who was allegedly held unlawfully both inside and outside the state.

“We cannot but appreciate the good work done by the entire State Police and especially the Liaison Officers of the Police Department, especially (i) Bijoy Chandran C.K, Circle Inspector of Police & Liaison Officer, High Court of Kerala, Kochi City, (ii) Pradeep Kumar G., Sub Inspector of Police (G), Police Liaison, High Court of Kerala, District Head Quarters, Kochi City and (iii) Gireesh K.P, S.I of Police, DHQ, City A.R, Kochi City, who have successfully communicated our orders and ensured their due compliance; who in our opinion require a good service entry in their service records.”

A 46-year-old Neyyattinkara resident filed the writ suit in relation to the disappearance of his maternal aunt. The petitioner filed a complaint for the partition before the Neyyattinkara Munsiff Court; however, the summons was returned without service.

The petitioner, his maternal aunt, and his maternal uncle are co-owners of properties left behind by the petitioner’s maternal grandparents.

Police searched for the woman in vain and were unable to find her. The petitioner explicitly brought forward the allegation that his maternal uncle, the fourth respondent, abducted the elderly woman and took her to a foreign nation with the intention of stealing her assets.

When the fourth respondent—who had left for India—was questioned, it found out that his sister had a mental illness and had been confined to a convent. The old woman was diagnosed with schizophrenia, according to the medical reports presented to the court.

As a result, the Court dismissed the Writ Petition and gave the Convent’s administrators permission to sometimes let the petitioner see his maternal aunt.

Additionally, it was made clear that the Convent must respond to any summons or requests for service on the woman by specifying her mental condition and asking the relevant court to appoint a guardian who has no stake in the assets.

Case Title: Solaman v. The State Police Chief and Ors.

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