IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 34502 of 2007(G) -------------------------- PETITIONER: ------------ 1. C.A.SCARIA ,S/O.ABRAHAM, CHELEKKAT GARDENS,NEDUMUDI, CHAMBAKULAM, ALAPPUZHA DISTRICT. 2. SABU JOSEPH, S/O. JOSEPH, VADAKKEMARIAPADY, CHELAKKAT, KARIMALOOR PANCHAYAT, U.C.COLLEGE P.O. ALUVA. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.R.VINOD SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE HEAD QUARTERS, TRIVANDRUM. 3. THE CITY COMMISSIONER OF POLICE, ERNAKULAM 4. REETHAMMA VARGHESE,W/O.VARGHESE CHELAKKAT HOUSE, MADAVANA JUNCTION, PANANGAD. BY GOVERNMENT PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 SRI.JOHN K.GEORGE FOR R4 SRI.E.C.BINEESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.34502/07 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE FIR ALONG WITH THE FI STATEMENT DATED 27.10.03. EXT.P2: TRUE COPY OF COUNTER AFFIDAVIT FILED BY RESPONDENTS 1 TO 3 IN W.P.(CRL.)NO.113/03 DATED 21.11.03. EXT.P3: TRUE COPY OF THE JUDGMENT IN WP(CRL)NO.113./03 DATED 10.2.2004. EXT.P4: TRUE COPY OF THE COMPLAINT FILED BEFORE THE DGP ON 22.11.03. EXT.P5: TRUE COPY OF THE DISCHARGE SUMMARY DATED 15.12.06. RESPONDENT'S EXTS: ANNEXURE R3(a): TRUE COPY OF THE STATEMENT OF THE 1ST PETITIONER. ANNEXURE R3(b): TRUE COPY OF THE STATEMENT OF THE 2ND PETITIONER. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.34502 OF 2007 ----------------------------------------------------- DATED THIS THE 28th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners have approached this Court alleging harassment at the hands of the Police. First petitioner's brother Mr.Varghese is missing for the last five years. 4th respondent is the missing man's wife. Apparently, at her instance, petitioners submit, they are being harassed by the Police and they are in no way responsible for the missing of the first petitioner's brother and they also want the Police to properly investigate and find out the whereabouts of the missing man. Feeling aggrieved by the unnecessary harassment from the side of the Police officials, this writ petition is filed. 2. Learned Government Pleader upon instructions, denied the allegations of the petitioners about harassment. He submitted that the Police wanted to question the first petitioner and so notice was issued to him and the same cannot be treated as any harassment. The Police officials are only discharging their duty, it is submitted. 3. We feel that the Police should be conceded freedom to question anyone in connection with the missing of Mr.Varghese, if they think that necessary information can be collected by such questioning. W.P.(C)No.34502/07 -2- But the Police shall conduct investigation in accordance with law. If the presence of the petitioners is necessary, notice shall be issued to them. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn