IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(Crl.).No. 534 of 2009(S) --------------------------- PETITIONER : --------------- SHUKOOR, AGED 53 YEARS, S/O.LATE C.K.HAMEED KUNJU, SHABNAM, PARINGALA P.O. KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE ALAPPUZHA. 2. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. 3. SUB INSPECTOR OF POLICE, KAYAMKULAM. 4. SHIHAB @ APPUNNI @ SOORAJ, SABITHA COTTAGE, PERINGALA P.O., KAYAMKULAM. 5. SAMAD @ ABDUL SAMAD, SABITHA COTTAGE, PERINGALA P.O., KAYAMKULAM. 6. ARAFATH, S/O.KUNJUMON, ARAYIL PARAMBU, NEAR TOWN MASJID, KAYAMKULAM. 7. MUJEEB RAHMAN, S/O.ABDUL RAHEEM @ ANTHRU, PALLIYUDE THEKKATHIL, PARINGALA P.O., KAYAMKULAM. 8. LIBIN JOHN, KALAVELIL HOUSE, BANK ROAD, KAYAMKULAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.534 of 2009 ------------------------------------- Dated this the 21st day of December, 2009 JUDGMENT BASANT, J. This judgment must be read in continuation of the order dated 18.12.2009 passed by us. 2. Today when the case is called, the petitioner is present along with his wife and son. His counsel is also present. Respondent Nos.4 and 5 are present along with the mother of the 4th respondent. They are represented by a counsel. 3. Today we have interacted with the detenue, who has come to Court from S.N.V Sadanam, where she was accommodated from 18.12.2009 as per our earlier order. The alleged detenue in the presence of all concerned asserts that she wants to return along with the 4th respondent and his parents. It is reported to us that the marriage between the alleged detenue and the 4th respondent has been performed at the Puthentheruvu Muslim Juma-Ath. A certificate of marriage dated 17.12.09 issued by the Secretary of the said Juma-Ath Committee is produced. It is further reported that notice has already been given to register the marriage in accordance with the provisions W.P(Crl.) No.534 of 2009 2 of the Special Marriage Act. The 4th respondent submits that if further time were granted, he shall produce before Court the marriage certificate issued under the Special Marriage Act to confirm such marriage. 4. The petitioner, the father of the alleged detenue, states that he has brought to Court all books etc. belonging to the alleged detenue which are necessary to enable her to complete her education. The same are being handed over to the counsel for the 4th respondent, submits the petitioner. 5. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under illegal confinement or detention. The alleged detenue stated on 18.12.2009 that she want to go with the 4th respondent. The petitioner was not satisfied that the said decision was an informed decision taken after sufficient forethought by the alleged detenue. It is hence that we passed the order dt.18.12.2009. In our anxiety to ensure that the parties arrive at a harmonious settlement, we had given time to the parties to consider all options and arrive at a harmonious settlement. They have not been able to reach such a harmonious settlement. W.P(Crl.) No.534 of 2009 3 6. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. 7. This Writ Petition is, in these circumstances, dismissed. The alleged detenue, who has today come to Court from S.N.V Sadanam, is permitted to leave the Court along with respondent Nos.4 and 5 as desired by her. 8. The alleged detenue and the 4th respondent submit that they shall produce the certificate of marriage issued under the Special Marriage Act to confirm that they have got their marriage registered under the Special Marriage Act. We accept the said request and grant them time till 27.01.2010 to produce such certificate. 9. Call again on 27.01.2010. The original marriage certificate shall be produced in Court on that date and a copy thereof shall be furnished to the counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P(Crl.) No.534 of 2009 4 W.P(Crl.) No.534 of 2009 5 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.534 of 2009 ------------------------------------- Dated this the 18th day of December, 2009 ORDER BASANT, J. The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Binshi, a girl aged 19 ½ years (date of birth 30/05/1990). She is a third year student of an Engineering College. According to the petitioner, she is illegally detained and confined by the 4th respondent in collusion with his father, the 5th respondent and his friends respondents 6 to 8. 2. This petition was filed on 14/12/2009. The same was admitted on the same day and the case was posted to this date for hearing. Today when the case was called, the petitioner is present along with his wife and his son that is the brother of the alleged detenu. He is represented by his counsel. Respondents 4 and 5 are present before court. They are represented by a counsel. Along with them, the alleged detenue has also come to court. As the alleged detenue comes from the custody of/along W.P(Crl.) No.534 of 2009 6 with respondents 4 and 5, we wanted the alleged detenue to remain alone in the chamber without any opportunity for respondents 4 and 5 to influence her. We accordingly permitted the petitioner, his wife and son to interact with the alleged detenue in the chamber. After lunch recess, we interacted with the alleged detenue. 3. We have had interactions with the alleged detenue alone initially; later, in the presence of her parents and brother and subsequently in the presence of respondents 4 and 5. The learned counsel for the petitioner and respondents 4 and 5 as also the learned Government Pleader were present. 4. It is true early to say that the parties have agreed upon a harmonious future course of action. They want time to consider and make their response to the suggestions that have been traded. It is agreed that two days time can be given to the parties to consider all the options and come out with their response. Accordingly, we issue the following directions: i) The alleged detenue shall today be accommodated at the S.N.V Sadanam, South,Ernakulam. She shall remain there till 21/12/2009. ii) The learned Government Pleader agrees that she shall W.P(Crl.) No.534 of 2009 7 be escorted by woman police constables not in uniform to the hostel today and back from the hostel on 21/12/2009. iii) Expenses for such accommodation in the hostel shall be met by the petitioner. iv) During this period, the petitioner and his wife and son shall be permitted to have interactions with the alleged detenue at the hostel in accordance with the rules of the hostel. The 4th respondent and the alleged detenue shall be permitted to speak to each other over the telephone during this period subject to the rules of the hostel. 5. The case shall be called again on 21/12/2009 on which day, we expect the parties to give their response to the suggestions made. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr/-