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2016 DIGILAW 744 (KER)

ABDUL GAFOOR, S/O. KUNHUMUHAMMED v. CIRCLE INSPECTOR OF POLICE, CHERPULASSERY

2016-08-31

K.T.SANKARAN, MOHAN M.SHANTANAGOUDAR

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JUDGMENT : K.T. Sankaran, J. The petitioner, in the writ petition, stated that he is residing with his wife, children, brothers, their wives and children. The petitioner apprehends that his elder brother Shamshudheen is an accused in a criminal case, which is being investigated by the first respondent. 2. It is alleged that on 20.8.2016, at about 6.30 p.m., the first respondent came to the petitioner's residential house for enquiring about Shamshudheen and his whereabouts. The petitioner explained that he was not aware of Shamshudheen's whereabouts. The first respondent threatened the petitioner with dire consequences, if the petitioner did not disclose the details. The petitioner was manhandled by the first respondent. The petitioner sustained injuries and he was admitted in a hospital for treatment and he was discharged on 22.8.2016. On 22.8.2016, the first respondent came to the petitioner's residence during night and threatened the inmates with dire consequences. The wife of the petitioner's younger brother fell unconscious on seeing the police. The first respondent and the police officials used to the come to the residential house of the petitioner every now and then and that too, during night, under the guise of investigation of the crime against Shamshudheen, the brother of the petitioner. 3. The learned Government Pleader, on instructions, submitted that one Athira belonging to Cheruplassery was found missing. A Habeas Corpus writ petition for production of Athira was filed by her parents before this Court. Athira voluntary appeared before this Court. She was sent to a hostel for quite a few days. Later, she appeared before Court and stated that she wished to go with her parents. Accordingly, this Court allowed her to go with her parents. 4. The learned Government Pleader further submitted that a conspiracy took place in which, some girls including Athira, were attempted to be converted to Islam and the plan was to take these girls to Yemen for terrorist activities. The petitioner's brother Shamshudheen was an accused in that case. According to the police, the conspiracy took place in the petitioner's house and the petitioner is suspected to be involved in that conspiracy. The police are investigating the crime. The allegation of harassment of the petitioner is denied. The learned Government Pleader submitted that the attempt of the petitioner is to interfere in the matter of investigation of the crime by the police. 5. The police are investigating the crime. The allegation of harassment of the petitioner is denied. The learned Government Pleader submitted that the attempt of the petitioner is to interfere in the matter of investigation of the crime by the police. 5. The petitioner is a suspect in a very serious crime. The allegation is that Athira was attempted to be taken to Yemen for terrorist activities. It is reported that several girls were missing and they were allegedly being recruited to Islamic State ('IS', for short). The National Investigation Agency is looking into the matter with regard to disappearance of several persons from Kerala and their alleged act of joining IS. The allegations indicate occurrence of very serious incidents which would affect the safety and security of the nation. 6. It is well recognised by the world community that IS is a terrorist organisation and it is a danger to the peaceful life of the people at large in various countries. It is suspected that several persons from India have gone abroad to join IS and there is a public perception that India is also a target of IS. The individual grievance of the petitioner that his privacy is invaded during investigation of one of such cases is of less significance, when compared to the safety and security of the country. The police cannot be blamed for investigating into a very serious crime and they cannot be prevented from doing so, under the pretext of some petty allegations against them in the matter of investigation of a very serious crime affecting the country at large. 7. Terrorism is the greatest evil which India is facing. We have to combat terrorism in a most effective manner. Reports reveal that Kerala has become a recruiting hub to IS and educated youngsters from Kerala are going to Afghanistan, Yemen and other places to join IS. Youngsters are found missing from various places in Kerala. Their parents report that these boys and girls have gone to Sri Lanka and other countries for learning more about Islam. Investigation revealed that these stories are false and these youngsters had gone not for studies but for involving themselves in terrorist activities. The misguided youth are given tall promises by the terrorist outfits and they are prompted to act against our country and the humanity at large. Investigation revealed that these stories are false and these youngsters had gone not for studies but for involving themselves in terrorist activities. The misguided youth are given tall promises by the terrorist outfits and they are prompted to act against our country and the humanity at large. The parents of the youngsters are also worried about the disappearance of these persons and their involvement in the terrorist activities. 8. Many persons have come forward to inform the police that their children are missing. The police are making every earnest effort to identify and locate these missing persons, who are suspected to have joined IS. National Investigation Agency is also involved in the matter of investigation. The Government of India has taken this as a very serious issue affecting the safety and security of India. In this background, we do not find it fit and proper to entertain the grievance of a suspect in a conspiracy in respect of a similar crime, that he is being harassed by the police by entering into his house during night and by questioning him. 9. A citizen can approach the High Court invoking the jurisdiction of High Court under Article 226 of the Constitution of India, when his fundamental rights and other rights are deliberately infringed by the investigating agency investigating into a crime. But the said jurisdiction cannot be invoked on imaginary grievances in order to escape from the clutches of law or to sabotage the investigation itself. The writ jurisdiction of the High Court cannot be taken as a refuge by such persons to escape from the consequences of a proper crime investigation. The crime investigating agency cannot be prevented from discharging their duties by putting forward unfounded allegations against them. Prevention of crimes, detection of crimes and bringing to book the offenders are the duties of the police. The citizens of the country are entitled to live in a peaceful and crime free atmosphere. The effective discharge of duties by the police and other agencies would help the citizens to live peacefully. If the crime investigating agencies are destabilised by unwarranted interference on the basis of imaginary grievances made by criminals and law breakers, the sufferers will be the law abiding people. This is not to say that the police are entitled to infringe the constitutional and other rights of citizens under the pretext of investigation of crimes. 10. If the crime investigating agencies are destabilised by unwarranted interference on the basis of imaginary grievances made by criminals and law breakers, the sufferers will be the law abiding people. This is not to say that the police are entitled to infringe the constitutional and other rights of citizens under the pretext of investigation of crimes. 10. The learned Government Pleader submitted that the allegations against the police are unfounded. We are inclined to accept the said submission in the absence of any proof to show otherwise. The police shall investigate into the crime effectively and do all that is necessary for the effective, proper and smooth investigation of the case. 11. The writ petition lacks merits and it is, accordingly, dismissed.