High Court pulls up police over habeas corpus cases

Thursday, Jul 16, 2015,20:19 IST By metrovaartha A A A

Kochi | The Kerala High Court today criticised state police for not acting with seriousness in complying with its directions to find out alleged detenues in habeas corpus petitions.
It is evident from the history of various cases before this court that with respect to missing cases, especially when girls eloped with their lovers, the police authorities are not acting with any seriousness, the bench comprising Justice C K Abdul Rahim and Justice K Ramakrishnan said.
The court said this attitude on the part of the police should be curbed since it was the duty of the state to ensure fundamental rights and freedom of every citizen and to make sure that no citizen was compelled to stay under any sort of confinement against their will.
Hearing a habeas corpus petition, the Court expressed its displeasure over the report filed by the police regarding the alleged missing of a young woman from Nilambur.
It directed the Malappuram Superintendent of Police to file an affidavit personally explaining the delay in finding out the alleged detenue.
Observing that despite several directions issued, the police had not taken the matter with any requisite seriousness, the Bench said even the report submitted would indicate the lethargic attitude on the part of the investigating officials in tracing the alleged detenue and producing her before the court.
Despite the direction issued to the 1st respondent (SP, Malappuram) to personally monitor the investigation and to do the needful, no serious steps were seen taken, the Court said and said it was constrained to observe that he was to be held responsible for the wilful non-compliance.