IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 22858 of 2011(F) ----------------------------------------- PETITIONER(S): ------------------------- HASHEEF, SON OF BASHEER, AGED 28 YEARS, IDAVAZHICKAL HOUSE, NOORUL ISLAM MADRASA, CHATHAMVELIPPADAM, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, PIN-683 030. 2. INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM, PIN-683 030. R1 & R2 BY GOVERNMENT PLEADER SRI. VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22858/2011 F APPENDIX PEETITIONERS' EXHIBIT: P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DTD. 17/08/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 22858 of 2011 --------------------------------- Dated this the 26th day of August, 2011 JUDGMENT Abduld Rehim,J. This writ petition is filed seeking direction against the 1st respondent to stop all kinds of harassment and torture against the petitioner by the 1st respondent, his subordinate police officers and members of the shadow force. The petitioner inter alia seeks direction to the second respondent to consider and dispose of Ext.P1 representation submitted. 2. The allegation is that on 6.8.2011, the 1st respondent and policemen came to the residence of the petitioner, when he was not in station, and conducted search without any authority and without assistance of any women police constables. It is alleged that the petitioner's mother was abused when questioned about the search. It is further stated that the 1st respondent informed the family members that the petitioner is involved in an offence of looting money of a 'Hawala' agent. According to the petitioner, he was not involved in any offence and that no WP(C) .22858/2011 2 complaint was received against him in connection with any such alleged offence. According to the petitioner, the searches, harassment and torture are being continued in a quite illegal manner without there being any criminal case registered against the petitioner. Eventhough the petitioner submitted Ext.P1 before the 2nd respondent complaining about such activities, no action is taken so far, and hence this writ petition is filed. 3. Sri. Viju Abraham, learned Senior Government Pleader appearing on behalf of respondents, on the basis of instructions received from the 1st respondent, submitted that the allegations regarding search conducted by the 1st respondent and other policemen, is not true and correct. It is stated that there is no 'special squad' under the Assistant Commissioner of Police, Kochi City, as alleged. All the allegations regarding harassment and torture was made without any basis. However, it is conceded that, at present there is no crime case registered against the petitioner in the Central Police Station, which is pending investigation and his presence is not required in connection with any case. 4. Under the above mentioned circumstances we do not WP(C) .22858/2011 3 think that there is any circumstances warranting issuance of a direction, as sought for. However, we make it clear that if the petitioner is implicated in any case as accused and if he is arrested in any such case, the 1st respondent should abide all the conditions stipulated under Sections 41A and 41D of the Cr.P.C. Further if the presence of the petitioner is required in connection with any case under investigation or with any matter under enquiry, he shall be issued with notice as contemplated under section 160 of the Cr.P.C. The writ petition is disposed of with the above directions and observations. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .22858/2011 4