Abdul Gaffur vs The Station House Officer
2022 Latest Caselaw 1372 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                          WP(C) NO. 30685 OF 2021
PETITIONER:

              ABDUL GAFFUR,
              AGED 47 YEARS
              S/O. UNNI MOIDEEN (L), VARIYAKKUTH, THRIPPANACCHI P.O.,
              PALAKKAD DISTRICT 679 337.

              BY ADVS.
              SUNNY MATHEW(K/54/1990)
              SONU AUGUSTINE



RESPONDENTS:

     1        THE STATION HOUSE OFFICER,
              PALAKKAD SOUTH POLICE STATION, PALAKKAD DISTRICT 678 013.

     2        THE DISTRICT POLICE CHIEF,
              OFFICE OF THE DISTRICT POLICE CHIEF, PALAKKAD DISTRICT
              678 001.

     3        THE STATE POLICE CHIEF,
              POLICE HEAD QUARTERS,
              THIRUVANANTHAPURAM DISTRICT 695 001.

     4        THE STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME AFFAIRS,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

              BY ADV ADVOCATE GENERAL OFFICE KERALA


OTHER PRESENT:

              T.K.SHAJAHAN-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30685 OF 2021                    2




                                     JUDGMENT

This writ petition is filed seeking the following reliefs:-

"a. The declare that the action of the 1 st respondent and officers under them in illegally confining for the petitioner more than 24 hours in police custody, subjecting him to custodial violence etc. constitute police harassment amounting to violation of Article 21 of the Constitution of India.

b. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent and officers under him not to harass the petitioner and not to subject him to custodial violence, while questioning him."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has been taken into custody with regard to the

financial transactions involving a Tata Tiago Car registered in the

name of one M.K.Nasar. It is stated that on 20.12.2021 at 3.00 pm

when the petitioner was going to the copra mill, he was

apprehended by five police men in plain clothes who had taken

him into custody and that they had beaten up the petitioner,

asking him about the car and also phone calls received by the

petitioner. It is submitted by the petitioner that chilly powder was

applied to his eyes and he was let off only at about 10.00 pm on

21.12.2021, after issuing a notice purportedly under Section 41A

of the Cr.P.C. It is stated that the petitioner had to undergo

treatment in the Medical College Hospital, Manjeri on 22.12.2021

for his injuries. It is contended that an enquiry is necessary into

the incident since the petitioner had been subjected to custodial

torture.

4. A memo producing instructions submitted by the Station

House Officer has been placed on record by the learned

Government Pleader. It is stated therein that one RSS activist by

name Sanjith was murdered on 15/11/2021 at Mambram,

Kinassery within the Town Police Station Palakkad and FIR

No.1989/2021 under Section 302 r/w 34 of IPC has been

registered with regard to the said offence. It is stated that some of

the accused are still absconding and have not been apprehended

so far.

5. It is stated that as part of the investigation, one Abdul

Gafoor, S/o.Unni Moidheen Variyakkuth, Thrippanchy, Karimannu

Vazhi, Malappuram District was summoned and subjected to

questioning. It is submitted that it was on an apprehension that he

was harbouring one of the accused, one Shihab and providing

shelter and conveyance to the said person, that he had been

summoned for questioning. It is stated that he came to the Town

South Police Station on 20.11.2021 at 17.30 hours and was

allowed to leave the station on the next day at 15.00 hours with

direction to appear again on 24/12/2021. It is stated that he

appeared on 24/12/2021 and after further questioning, he was let

off on the same day itself. It is stated that no ill treatment or

illegal confinement have taken place during the interrogation and

that several persons had to be questioned in connection with the

brutal murder and it is only for the said purpose that the petitioner

has also been summoned for questioning.

6. The learned counsel for the petitioner submits that the

petitioner has not been summoned to the police station thereafter

and there is no harassment meted out to the petitioner after filing

the writ petition.

In view of the above matter, the writ petition is closed.

In case, the petitioner's presence is required for further

investigation, he will be summoned only after serving due notice

under Section 41A Cr.P.C. It is made clear that the petitioner shall

not be ill treated or subjected to any custodial violence or 3 rd

degree methods, even if he is required to be interrogated in

connection with any crime.

Sd/-

ANU SIVARAMAN

JUDGE

ska

APPENDIX OF WP(C) 30685/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 21.12.2021 ISSUED TO THE PETITIONER BY THE IST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE CASUALTY TICKER OF THE PETITIONER DATED 22.12.2021.

Exhibit P3 A TRUE COPY OF THE CASUALTY TICKET ISSUED FROM THE OPHTHALMOLOGY DEPARTMENT, GOVERNMENT MEDICAL COLLEGE HOSPITAL, MANJERI, DATED 22.12.2021.