Kerala High Court
Cleetus S. J vs The Union Of India on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.31619 OF 2019(B)
PETITIONER/S:
CLEETUS S. J.
AGED 59 YEARS
S/O. JOSE, SRAMBIKAL (H), NAYARAMBALAM P. O.,
ERNAKULAM - 682 509.
BY ADV. SRI.B.J.JOHN PRAKASH
RESPONDENT/S:
1 THE UNION OF INDIA
REPRESENTED BY THE HOME SECRETARY, MINISTRY OF
HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT,
NEW DELHI - 110 001.
2 STATE OF KERALA
REPRESENTED BY THE ADDL. CHIEF SECRETARY (HOME
AND VIGILANCE), ROOM NO.357 (A) AND 358, MAIN
BLOCK, SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
3 DIRECTOR GENERAL OF POLICE
CV RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA - 695 010.
4 SUPERINTENDENT OF POLICE
ERNAKULAM RURAL, POWER HOUSE JUNCTION, SUB JAIL
ROAD, PERIYAR NAGAR, ALUVA, KERALA - 683 101.
5 SUB INSPECTOR OF POLICE
NJARACKAL POLICE STATION, SH-63, NJARACKAL,
KOCHI - 682505.
6 ADDL R6, THE UNION OF INDIA,
REPRESENTED BY THE FOREIGN SECRETARY, MINISTRY
OF EXTERNAL AFFAIRS, SOUTH BLOCK, CENTRAL
SECRETARIAT, NEWDELHI-11001
W.P.(C) No.31619 of 2019
2
IS IMPLEADED AS PER ORDER DATED 26-03-2020 IN
IA 1/2020.
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R2-5 BY GOVERNMENT PLEADER
R6 BY ADV. SRI.P.VIJAYAKUMAR
OTHER PRESENT:
ASG P.VIJAYAKUMAR FOR R1,6. SR.PP.C.S.HRITHWIK
FOR R2-5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.31619 of 2019
3
JUDGMENT
Dated this the 14th day of January, 2021
Petitioner's son Jomon is undergoing
imprisonment at Kuwait following his arrest by the
Kuwait Police, on the allegation of having
attempted to smuggle drugs into Kuwait. According
to the petitioner, a person named Antony had
offered employment for Jomon at a Supermarket in
Kuwait and had offered free Visa and Air tickets.
The offer was accepted and Jomon departed from
Cochin International Airport to Kuwait on
05.01.2018. Antony, who had offered to travel with
Jomon, met him at the Airport and expressed his
inability to travel on that day. Antony also
handed over a sealed bag, mobile phone and SIM
card to Jomon and told him to insert the SIM card
W.P.(C) No.31619 of 2019
in the mobile phone after reaching Kuwait Airport
and to call a particular number, upon which, an
employee from the Supermarket will collect the bag
and take Jomon to his employer. On reaching Kuwait
Airport, it was informed that Jomon's luggage
could not be traced out and he was asked to check
into a hotel and came to the Airport on 06.01.2018
for collecting his luggage. As instructed by
Antony, Jomon called the number given to him and a
Malayali, who claimed that he was also working at
the supermarket met him at the Airport and took
him to the Hotel. The next day (06.01.2018), when
Jomon reached to the Airport for collecting his
luggage, he was detained by the Kuwait Police for
attempting to smuggle illegal drugs from India.
Pursuant to his arrest, Jomon was tried by the
court at Kuwait and sentenced to life
W.P.(C) No.31619 of 2019
imprisonment.
2. The petitioner alleges that his son was
trapped by a well organised gang, which lures
unsuspecting youth with the offer of employment
abroad and use them as conduits for smuggling
drugs. According to the petitioner, he had
informed the Excise Department about the incident
and had helped the Department in tracking down
Antony, through whom the Excise Officials were
able to apprehend the notorious gang. The
petitioner is aggrieved by the fact that despite
having apprehended the gang involved in sending
the petitioner's son to Kuwait with the
contraband, no investigation into that specific
incident was conducted. It is submitted that on
contacting the Indian embassy, the petitioner was
informed that his son would be released on 'amini
W.P.(C) No.31619 of 2019
pardon', if proof of investigation conducted by
the concerned agencies in Kerala and evidence
regarding Jomon's innocence is produced before the
authorities at Kuwait. Hence, the petitioner
filed Ext.P3 before the Station House Officer,
Njarackal Police Station, with copies to superior
Police officers, seeking registration of crime and
investigation into the incident which led to his
son being arrested and detained at Kuwait. The
police having failed to act, this writ petition is
filed seeking the following reliefs:
"i. Direct the respondents by issue of a
writ of mandamus or such other appropriate
writ, direction or order to carry out proper
investigation into the offences stated in
Ext.P3 in a time bound manner and in any case
within such time as deemed just and proper by
the Hon'ble Court.
ii. Direct the 1st respondent by issue of
a writ of mandamus or such other appropriate
writ, direction or order to appoint competent
agencies to dispose of Ext.P3 expeditiously
and in any case within such time as deemed
just and proper by this Hon'ble Court.
W.P.(C) No.31619 of 2019
3. In the statement filed on behalf of the
Sub Inspector of Police, Njarackal Police Station,
it is stated that the Excise Department was
informed about the use of unsuspecting youth as
drug carriers. This resulted in the arrest of
certain persons and the officials in the Excise
Department being awarded good service entries and
rewards. Being satisfied with the rewards, the
officials did not conduct further investigation in
the matter.
4. On behalf of the Union of India, it is
submitted that all necessary steps for securing
'Amini Pardon' for the petitioner's son would be
taken by the authorities, if proof of Jomon's
innocence is provided, by arresting the actual
culprits behind the incident.
5. Having heard the learned Counsel for the
W.P.(C) No.31619 of 2019
petitioner, the learned Public Prosecutor and the
learned Central Government Counsel, I find the
grievance of the petitioner to be genuine. The
truth or otherwise of the allegation that, the
petitioner's son is innocent and was trapped into
carrying contraband by an organised gang is liable
to be investigated. Failure to unearth the truth
will result in more innocent youth being trapped.
The illegal activity is against national interest
and should be approached with all seriousness.
Hence, it is only appropriate that the crime
branch conducts an investigation into the
allegations raised in Ext.P3 complaint.
In the result, the writ petition is disposed
of, directing respondents 2 and 3 to order an
investigation by the Crime Branch Department into
the allegations raised in Ext.P3 complaint. While
W.P.(C) No.31619 of 2019
conducting such investigation, the Crime Branch
shall work in tandem with the Central Agencies, so
that, proof of innocence of the petitioner's son,
if any obtained during the course of
investigation, can be placed before the
authorities at Kuwait.
Sd/-
V.G.ARUN
JUDGE
Scl/14.01.2021
W.P.(C) No.31619 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TICKET OF THE
PETITIONERS' SON.
EXHIBIT P2 COPIES OF THE PHOTOGRAPHS SENT BY THE
PETITIONERS' SON FROM KUWAIT.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT ALONG WITH A
NOTING ON THE COVERING LETTER DATED
6.8.2019.
EXHIBIT P4 TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 22.10.2019 SEND TO THE KUWAIT
EMBASSY.
EXHIBIT P5 TRUE COPY OF THE REPLY E-MAIL DATED
3.11.2019 SEND BY KUWAIT EMBASSY.
EXHIBIT P6 TRUE COPY OF THE PAPER CUTTING WHICH
APPEARED IN MALAYALA MANORAMA DAILY ON
18.2.2018.
EXHIBIT P7 TIMES OF INDIA PAPER REPORT DATED
24.10.2020.
EXHIBIT P8 TRUE COPY OF COMPLAINT FILED BY THE
PETITIONER TO THE 5TH RESPONDENT ALONG
WITH THE ACKNOWLEDGMENT RECEIPT, DATED
27.11.2020.
