IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 3237 of 2010(D) ------------------------------------ PETITIONER(S): ----------------------- KHADEEJA, W/O.HASSAN HAJI, KANNANCHERRY PARASSERY, OLAVATTU AMSOM DESOM, PULIKKAL VILLAGE. BY ADVS.MR.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. 2. MUHAMMED, S/O.KANNANCHERRY PARASSERY HASSAN HAJI, OLAVATTU AMSOM DESOM, PULIKKAL VILLAGE. 3. SAIDALAVI, S/O.KANNANCHERRY PARASSERY HASSAN HAJI, OLAVATTU AMSOM DESOM, PULIKKAL VILLAGE. 4. IBRAHIM, S/O.KANNANCHERRY PARASSERY HASSAN HAJI, OLAVATTU AMSOM DESOM, PULIKKAL VILLAGE. 5. ABDUL RAHIMAN, S/O.KANNANCHERRY PARASSERY HASSAN HAJI, OLAVATTU AMSOM DESOM, PULIKKAL VILLAGE. R1 BY GOVT. PLEADER MR.LAKSHMI NARAYAN R2 TO R4 BY ADVS. MR.DINESH MATHEW J.MURICKEN, MR.P.V.BALAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, ALONG WITH W.P(CRL) 56 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3237/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. 27.1.10 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.3237 OF 2010 & W.P(Crl).No.56 OF 2010 ------------------------------------------- Dated this the 17th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.On 30.1.2010, the former among the captioned matters was filed seeking an order of police protection. On 4.2.2010, the latter was filed seeking the issuance of a writ of habeas corpus in relation to one Mr.Hassan Haji who is around 80 years of age. 2.W.P(C).3237/10, seeking a direction for police protection, was filed by Khadeeja, one of the daughters of Hassan Haji. She is the 4th respondent in W.P(Crl).56/10, filed seeking issuance of a writ of habeas corpus. WPC.3237/10 & WPCr.56/10 2 3.Pending these matters, this Court issued a Commission to visit the alleged detenue to ascertain as to whether he is in illegal detention. Such Commission was issued based on the submissions on both sides that Mr.Hassan Haji is frail in health having regard to his advanced age. The Commissioner's report is on record. That evidences the unfortunate plight of a person who is essentially bed ridden, having hearing impairment and feeble and also under emotional pressure from the manner in which his wives and children are conducting themselves. 4.It appears that Mr.Hassan Haji has three wives living. Khadeeja, the petitioner in W.P(C).3237/10 is his daughter through his eldest wife, with whom, he is now found to be residing. Before the Commissioner, Hassan Haji appears to have stated, quite feebly, certain things. But what came up with sufficient amount of sorrow from him is recorded in paragraph 3(b) of the Commissioner's report. WPC.3237/10 & WPCr.56/10 3 “The detenue only said that he did not want to move out of the house and did no wish to go to any other house. Possibly, he was saying this on account of the fact that he is bedridden. He expressed his desire that all his children should visit him at least once in two days. He also expressed concern for his male children and wanted them by his side often. When I put to the 4th respondent, she said that her make siblings were not welcome to the house as the same belonged to her husband and she feared that her husband's people may not take kindly to the visit of her brothers. She also said that they talked loudly and were thus a nuisance to others especially the other female members in the household. Petitioners 3 to 6 said that they talked loudly only on account of the hearing problem of their father (detenue).” 5.It is unfortunate that Mr.Hassan Haji, who is stated to have toiled abroad to bring up his family, is in such a sad plight. We hope that the wives and children will try to look inward unto themselves searching for answers as to whether this is the manner in which an elderly human being has to be treated. WPC.3237/10 & WPCr.56/10 4 We are quite sure that the tenets of Islam is nothing but full of love and compassion and no religious book or any sasthra for that matter, would stand to advise any person against practising basic human values of love and compassion. The children of Hassan Haji should remember that what every person would get from his successors would be what he gives to his parents. The wives of Hassan Haji have necessarily to play their role of appropriate motherhood to persuade and keep the children of Hassan Haji through all of them as siblings living in love and mutual respect. 6.We do not find any ground to issue any direction for police protection. The presence of police in the situation should be the last thing. We are, however, clear that the little bickerings between Khadeeja, the 4th respondent in W.P(Crl).56/10 and her siblings as also her husband should be given an end to. Peace and love has to prevail to let Mr.Hassan Haji have his long innings drawn to a close at some point of time when it WPC.3237/10 & WPCr.56/10 5 may visit him, in peace and tranquility, having the feeling that his wife and children love him and are with him. 7.With the aforesaid, we hereby direct that the children of Hassan Haji will have the opportunity to visit him at least once in a week and if his health situation demands, more frequently, in his present place of residence, i.e., the home (shall call it merely a house?) of Khadeeja, the 4th respondent in W.P(Crl). 56/10. The said daughter and her husband, as also the siblings of Khadeeja will make the situation conducive even if they may have any disputes among themselves on some materialistic matters. It is further ordered that if any of the parties have any difficulty in working out this order or if any of the parties are of the view that any further indulgence from any person outside the family is required, they will be at liberty to move the Chairperson of the District Legal Services authority, Malappuram who will do the needful even by making over the matter to the appropriate Taluk Legal Service Authority for WPC.3237/10 & WPCr.56/10 6 soothing intervention, having the affairs of Mr.Hassan Haji as the prime concern. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.17/02.