Farsin.C vs District Police Chief
2021 Latest Caselaw 17929 Ker

WP(Crl ) No.201 of 2021                 1


                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                        &
                 THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
      WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                           WP(CRL.) NO. 201 OF 2021
PETITIONER/S:

               FARSIN.C
               AGED 22 YEARS
               S/O.ASHRAF.C., THAYYOT HOUSE, KONDOTTI, MALAPPURAM, PIN-
               673 638

               BY ADVS.
               MITHUN P.
               PARVATHY S.KRISHNAN



RESPONDENT/S:

      1        DISTRICT POLICE CHIEF
               MALAPPURAM DISTRICT, MALAPPURAM ,PIN-676 505

      2        THE STATION HOUSE OFFICER,
               KARIPUR POLICE STATION, PALLIKKAL, MALAPPURAM
               DISTRICT,PIN-673 647

      3        SAIDALAVI
               AGED 60 YEARS
               S/O. MUHAMMED, RESIDING AT PARAYIL HOUSE, KUMMINIPARAMBA
               POST, MALAPPURAM DISTRICT,PIN-673 638

               BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

               SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN


       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl ) No.201 of 2021                     2




                                      JUDGMENT

Ziyad Rahman A.A., J.

This writ petition is filed for issuance of a writ of

Habeas Corpus directing the respondents to produce the

body of Ms. Atheekha Farhath, aged 23 years,the daughter

of the 3rd respondent, who is alleged to be under illegal

detention of the 3rd respondent.

2. It is averred in the writ petition that the

alleged detenue is a student of law degree in MCT Law

College, Malappuram. The petitioner and the alleged

detenue are having acquaintance from the school itself and

eventually, their relationship turned into a love affair.

Now they want to marry and lead a life together. However,

the relationship between the parties are objected by the

3rd respondent and his family. In order to prevent the

alleged detenue from continuing the relationship with the

petitioner, the 3rd respondent has detained the alleged

detenue against her will.

3. When the writ petition came up for consideration

on 11.8.2021, we passed an order directing the 2 nd

respondent to obtain a statement of the alleged detenue

through a woman police officer without the presence of her

parents and to produce the same before this Court. In

compliance of the said direction, a statement was caused

to be recorded by the 2nd respondent and it is placed on

record. In the said statement, even though alleged detenue

stated that she is not under any illegal detention, it is

stated that she is not being granted the freedom to use

phone and is also prevented from pursuing her education.

It is also stated that as the restrictions imposed on her

by the family members became unbearable, she even

attempted to commit suicide on several occasions. She

asserted that she wants to live with the petitioner.

4. In such circumstances, on 25.8.2021, we passed an

order directing the production of the alleged detenue

before the Secretary, District Legal Services Authority

(DLSA), Manjeri on 1.9.2021. Accordingly, today she was

produced before the DLSA, Manjeri and we had an

interaction with her through video conferencing. During

the course of interaction, she asserted that she wants to

go along with the petitioner. She reiterates that in her

house she is being denied the freedom to interact with any

other person and her education is also discontinued

against her wish and will. We interacted with the

petitioner also, who states that he is prepared to do the

needful to enable the alleged detenue to continue her

studies. We also made an attempt to interact with the

father of the alleged detenue, the 3rd respondent.

Initially, when the matter was taken up, the uncle of the

alleged detenue appeared and informed that the 3rd

respondent will be reaching the office of DLSA, Manjeri

very soon and hence the matter was kept aside, with an

intention to have an interaction with him. After some

time, when the case was taken up again, it was reported

that, upon knowing the decision taken by the alleged

detenue that she intends to go along with the petitioner,

the 3rd respondent/father decided not to appear before the

Court.

5. From the statement made by the alleged detenue

before us and also before the police, it is discernible

that, she has taken a conscious decision to join the

petitioner and to lead a married life with him. She is a

major aged 23 years and is pursuing her final year law

degree.

From the facts and circumstances of the case, we are

convinced that, she has taken the decision on her own free

will and we are unable to see any compulsions upon her.

It is also evident that, she was denied the freedom of

movement and other personal liberties including the right

to pursue her education, while she was with her father/3 rd

respondent. As she has taken a decision as mentioned

above, which she is perfectly entitled to, we feel it

appropriate to permit the alleged detenue to go along with

the petitioner.

Accordingly, this writ petition is disposed of

granting liberty to Ms. Atheekha Farhath, the daughter of

the 3rd respondent to go along with the petitioner.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

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