IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO.167 OF 2011 Date:25.01.2011 Between:- Thulluri Sarayu and another .. Petitioner A N D The Director General of Police, Andhra Pradesh, Hyderabad and another. .. Respondents. The Court made the following: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) Both the daughters of the alleged detenu namely S.V.Pardhasaradhi, filed this writ of Habeous Carpous for meeting their father, who is in the custody of his son 2nd respondent, alleging that taking advantage of the old age of his father, he administered several intoxicated drugs on him, which resulted in deterioration of his health and now he is suffering with Parkinson disease. When the petitioners came to know about the disease of their father, they wanted to see him, but they were not allowed to see their father. Serious allegations are made by the petitioners against the 2nd respondent, who is their own brother. They stated that they have also reported the matter to the police alleging that their brother intended to kill their father and he is not allowing them to see him. They have also filed a petition before A.P. State Human Rights Commission vide H.R.C.No.6 of 2011 and the same is pending. It is stated that they would like to get examined their father and are intending to take him to U.S.A. for better treatment. 2. Second respondent filed counter denying all the allegations and stated that the petitioners being his own sisters are harassing him by several ways i.e. approaching the police and Human Rights Commission with the help of unsocial elements and in fact in Cr.No.23 of 11 of Osmania university Police Station an Advocate- commissioner was appointed to visit the ailing father and Advocate-Commissioner who visited the alleged detenu on 16.01.11, had recorded the statement of alleged detenu, who stated that he is living in his own house as per his will and wish and nobody had forced him to stay there. He is suffering due to the Pneumonia and blood clot in the brain and there is no necessity to treat him by his daughters because he is undergoing treatment by his own Doctor daily thrice a day. 3. Police also filed counter stating that the alleged detenu had purchased 35 acres in the name of elder daughter for her survival and 38 acres of land in the name of his younger daughter for her survival, who are the petitioners 1 and 2 herein. He has made sufficient allotments in their favour and got them married. 4. When the matter was listed earlier by order dated 18.01.2011, we directed for the production of the alleged detenu before this court, so as to ascertain the facts personally from the alleged detenu. We have examined the alleged detenu, second petitioner and the second respondent in the chambers. Dr.B.Venkatesh , who is treating the alleged detenu was also present and stated that he is taking good care of him and the ailments suffered by him are due to old age and all expert doctors also visited the alleged detenu and the second respondent is taking all the care required for his health. This court also examined the second petitioner, who stated that if her father is living happily as per his free will, wish and desire along with his own son, she has no objection for the same. Therefore, it cannot be said that the alleged detenu was in illegal custody of the second respondent. Second petitioner stated that petitioners are not being allowed to visit their father. There are counter allegations that the petitioners are not visiting on their own and they are coming with other persons who are enimical towards second respondent. 5. During the course of counselling the alleged detenu expressed that it is open for his daughters alone to come on their own and visit him. He has also expressed that if they maintain good relations, he will also visit their houses and see them. As we are satisfied that the alleged detenu is not in illegal custody but he is residing along with his own son and we have also satisfied that his son is taking care of him well by getting expert medical treatment and engaged two servants to look after him day and night. We do not see any merits in the arguments put forth by the petitioners. Consequently, the writ petition being frivolous, is accordingly dismissed. _____________________ V.ESWARAIAH, J _____________________ V.SURI APPA RAO,J MAS/KSP