IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 4975 of 2006(P) ------------------------- PETITIONER: -------------- GEORGE, AGED 56 YEARS, S/O. LATE VARKEY, R/A, ALASAKODATH, CHANGAMPUZHA ROAD, EDAPPALLI P.O., KOCHI-24. BY ADV. SRI.C.V.MANUVILSAN SRI.G.SUDHEER SRI.T.K.SUJITH RESPONDENTS: ---------------- 1. THE DIRECTOR, THE CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 3. STATE OF KERALA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 4. ADDL. R4. THE CIRCLE INSPECTOR OF POLICE, WOMEN CELL, ERNAKULAM. 5. ADDL. R5 THE SUB INSPECTOR OF POLICE, PALLURUTHI POLICE STATION, ERNAKULAM. 6. ADDL. R6 THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM. R1 by ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. R2 BY ADV. SRI.C.K.SASI, CGC SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R3 & ADDL. R4 TO R6 BY PUBLIC PROSECUTOR, SMT.SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 4975/06 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE PARISH PRIEST, ST.FRANCIS XAVIER'S CHURCH, PONEL. EXT.P2 : TRUE COPY OF THE FAX LETTER GIVEN BY ONE OF THE RELATIVES OF ANTONY @ SABU. EXT.P2(A) : TRUE COPY OF THE SPECIMEN HANDWRITING OF SMITHA. EXT.P3 : TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED TO PALLURUTHI POLICE STATION. EXT.P4 : TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED TO KALAMASSERY POLICE STATION. EXT.P5 SERIES : TRUE COPY OF THE COMPLAINTS SUBMITTED BY THE PETITIONER TO SEVERAL CONCERNED OFFICIALS. EXT.P5(A) SERIES : TRUE COPY OF ACKNOWLEDGMENTS. EXT.P6 SERIES : TRUE COPY OF SOME OF THE NEWS ITEMS PUBLISHED IN THE MAJOR PRINT MEDIAS. EXT.P7 SERIES : TRUE COPY OF THE COMPLAINTS. RESPONDENTS' EXHIBITS: ANNEXURE R4(A) : TRUE COPY OF THE COMPLAINT FILED BEFORE THE DIG, CENTRAL RANGE, ERNAKULAM DATED 08.09.05. ANNEXRE R1 : TRUE COPY OF THE CHRONOLOGICAL STATEMENT RECEIVED FROM THE CONSULATE GENERAL OF INDIA, DUBAI. ENCLOSURE 1 : TRUE COPY OF THE LETTER TO THE CHIEF OF DUBAI POLICE TO INVESTIGATE THE MATTER DATED 05.09.05 WITH ITS ENGLISH TRANSLATION. ENCLOSURE 2 : TRUE COPY OF THE LETTER TO THE MINISTRY OF FOREIGN AFFAIRS, DUBAI DATED 21.03.07 WITH ITS ENGLISH TRANSLATION. ENCLOSURE 3 : TRUE COPY OF THE LETTER OF THE MINISTRY OF FOREIGN AFFAIRS, DUBAI OFFICE DATED 10.04.07 WITH ITS ENGLISH TRANSLATION. ENCLOSURE 4 : TRUE COPY OF THE REMINDER SENT BY THE CONSULATE TO THE MINISTRY OF FOREIGN AFFAIRS, DUBAI DATED 02.07.07 WITH ITS ENGLISH TRANSLATION. ENCLOSURE 5 : TRUE COPY OF THE REMINDER SENT BY THE CONSULATE TO THE MINISTRY OF FOREIGN AFFAIRS, DUBAI DATED 07.08.07 WITH ITS ENGLISH TRANSLATION. /TRUE COPY/ PA TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. No. 4975 OF 2006 -------------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT Writ Petition is filed for direction to the respondent to conduct enquiry about the mysterious disappearance of daughter of the petitioner in Dubai. Petitioner's daughter is one Smitha, who was married to one Antony, who took her from India to Dubai on a visiting visa for 55 days. However, shortly after reaching there, she was found missing. The said Antony launched a petition before the police stating that his wife went with a boy friend somewhere in Dubai after writing a letter to him. However, petitioner's case is that this letter is bogus and the conduct of the husband of the missing girl is quite strange inasmuch as he has not contacted the petitioner or any relative any time after the incident. 2. Since petitioner's daughter was found missing in a foriegn country this Court directed the Ministry of External Affairs to take up the matter with local police in that country. On going through the counter affidavit filed by the Secretary, External Affairs' Ministry, I WPC : 4975/2006 2 find that consulate has taken steps for getting enquiry done by the local police in Dubai. However, inspite of repeated reminders police have not been able to trace petitioner's daughter. Prayer in the Writ Petition is for direction to the CBI to register a crime in India against husband of the petitioner's daughter. However, I do not think that there is any justification for this Court to pass such an order because there is no prima facie case made out against that person and since the incident occurred in Dubai, enquiry in India will not yield any useful result. However, I feel the police could not trace the daughter of the petitioner because they have not taken adequate or earnest steps in this regard. In the circumstances, I dispose of the Writ Petition with direction to the Secretary, Department of External Affairs, to request the Indian Consulate to publish the photograph of missing girl at the cost of Government of India in all local dailies and in the TV periodically for some time requesting the people to inform the consulate or the police,if she is traced. Petitioner will furnish copy of judgment along with recent photograph of missing daughter to the Consulate General, UAE at Dubai and Abudabi for compliance. The publication made and WPC : 4975/2006 3 details thereof should be forwarded by the Consulate to the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. Besides this, the Consulate General will periodically inform the local police to follow up the matter, and if the efforts yield any result, the same should be communicated to the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk WPC : 4975/2006 4