Mohanan vs The State of Kerala, Station House Officer, Kala and Aparna

R. Basant, J.—The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his adult major son - Jish Mohan, aged above 26 years (date of birth - 21.11.1983). He is an engineering graduate by qualification and he runs his own business. He was allegedly found to be missing from 19.06.2010. The petitioner apprehended that his son Jish Mohan, the alleged detenu, was being illegally detained and confined by the 3rd and 4th respondents. The 3rd respondent is the wife of the petitioner''s brother in law (wife''s brother) and the 4th respondent is the daughter of the 3rd respondent, aged 17 years. It was the apprehension of the petitioner that the alleged detenu Jish Mohan was being lured into a relationship with the 4th respondent with the active assistance of the 3rd respondent and with the intention of getting the 4th respondent married to the alleged detenu he was being illegally confined and detained by respondent Nos. 3 and 4.

This petition was filed on 22.07.2010. We were not satisfied that the matter deserves admission. However, we directed the learned Government Pleader to take instructions to enable us to take a decision on the question of admission. On 03.08.2010 after hearing the learned Government Pleader, we accepted the submission of the learned Government Pleader that the alleged detenu shall willingly appear before this Court on the next date of posting. Accordingly the case was posted to this date.

Today when the case is called, the petitioner is present. He is represented by his Counsel. The alleged detenu Jish Mohan has appeared before Court. He is not represented by any Counsel. We have not admitted the Writ Petition and we had not ordered notice to respondent Nos. 3 and 4.

We interacted with the alleged detenu after the lunch recess alone in the Chamber initially and later in the presence of his father, the petitioner. The Learned Counsel for the petitioner and the learned Government Pleader were also present. We had directed the alleged detenue and the petitioner to interact in the presence of their Counsel during the pre lunch session.

The alleged detenu Jish Mohan submits that he is aged above 26 years now, he having been born on 21.11.1983. He has taken his B.E degree. He was initially employed with an employer. Later he has left such employer and is running a business of his own. According to him, he is in love with the 4th respondent and would like to get married to her. He submits that it is absolutely incorrect to say that he is under the illegal detention and confinement of respondent Nos. 3 and 4. His father does not approve of his affair with the 4th respondent and he is unnecessarily expressing an apprehension that the alleged detenu is under the illegal confinement and detention of respondent Nos. 3 and 4. He does not reside with respondent Nos. 3 and 4, he submits.

We did attempt to bring the parties to a harmonious settlement. But we note that the petitioner is unable to accept the relationship between his son, the alleged detenu, and the 4th respondent. He has got his own reasons for not approving such relationship. We find ourselves unable to persuade the petitioner to accept such relationship.

Be that as it may, in a petition for issue of a writ of habeas corpus, we are primarily concerned only with the question whether the alleged detenu is under any illegal confinement or detention. The alleged detenu, as stated earlier, is a young person, aged above 26 years. He is an educated person, he having taken his B.E degree. He appears to us to be capable of managing his own affairs. It is not disputed that he is running a very successful business of his own. We are convinced that the alleged detenu is not under any illegal detention or confinement.

In the result:

a) This Writ Petition is dismissed in limine;

b) The alleged detenu Jish Mohan is informed that he is at liberty to leave the Court and pursue whatever course he thinks is good and suitable for him.

ORDER

Heard the Learned Counsel for the petitioner. We are not persuaded to agree on the available materials that there is any element of illegal detention or confinement. We are hence not satisfied that notice need be issued to party respondent Nos. 3 and 4 now.

Notice given. The learned Government Pleader shall take instructions from respondent Nos. 1 and 2 and make appropriate submissions to help this Court to take a decision on admission. The petitioner shall be at liberty to produce any further documents that he wants, to induce a satisfaction in the Court that the alleged detenu, an adult major son of the petitioner, aged 27 years, is under detention.

Call on 30.07.2010.