The Kerala High Court in the case Sulaikha & Anr. v. Viswanadh R. IPS & Ors observed wherein the contempt plea is moved by the Kerala High Court against the four police officers over alleged violation of D.K. Basu guidelines on arrest in the case DK Basu v. State of West Bengal.
The Division bench comprising of Justice A. Muhamed Mustaque and Justice Sophy Thomas in the case observed and seek responses from the respondents. In the present case, the Rahoof, who being 20 year old had allegedly been arrested and illegally detained by the respondent police officials in willful disobedience of the requirements to be followed in all cases of arrest and detention.
Therefore, it was alleged before the court that Rahoof had been forcibly taken away from the shop run by him on 28.02.2023 by two police officers in uniform and four others in civilian dress.
Further, the mother of the detenu, who in the case being the first petitioner averred that despite her having lodged written complaints before the District Police Chief, Malappuram and the said authorities were reluctant and all her attempts to trace the whereabouts of her son had become futile.
It has also been submitted before the court by the petitioner-mother that the plea moved by her seeking a writ of Habeas Corpus was eventually disposed of on the submission of the Public Prosecutor that her son had been arrested and remanded in a crime registered by the Meenakshipuram Police. Therefore, the SHO, Parappanangadi Police Station had submitted a report in this light.
Adding to it, she stated that the report has been submitted by the SHO, Meenakshipuram Police, indicated certain contradictions to the former.
It has also been alleged by the petitioner in the case that the respondent police had blatantly flouted the guidelines that were laid down by the Apex Court in D.K. Basu case (Supra), and had also violated the rights guaranteed by Article 21 and Article 22 of the Constitution of India.
Advocate P.M. Manoj, Advocate P. Anto Thomas, and Advocate Hamzath Ali V.K. moved the present plea.
