Balkees. K. v. VS State of Kerala Rep. By Secretary to Home Department, Govt. of Kerala, Secretariat, Trivandrum
2018-09-24
DEVAN RAMACHANDRAN, P.R.RAMACHANDRA MENON
body2018
DigiLaw.ai
JUDGMENT : Devan Ramachandran, J. This writ petition is essentially in the nature of a “police protection matter”, wherein a lady has sought protection for her life and that of her two minor daughters from certain persons, who are arrayed as respondents 5 to 12 herein. In normal circumstances, all that that would have been enjoined on this Court was to consider the allegations on its face value and to thereafter make orders for the protection of the petitioner and her children. 2. However, in this case, right from the inception, suspicions were raised as to the mental and cogitational faculties of the petitioner and we notice that as early as on the 11th of December, 2017, an information was brought to the notice of this Court by the local residents of the area where the petitioner was residing that she was not allowing her minor children to be sent to school for the last two years. This Court, therefore, asked the petitioner to file an affidavit incorporating the details of the School and we notice that in spite of this, the petitioner had chosen not to make this information available to this Court. 3. Thereafter, by an order, dated 11.12.2017, this Court recorded the instructions obtained by the learned Government Pleader from the official respondents that the petitioner, according to the local residents, had been showing signs of acute mental illness and that a lady constable had been deputed to take her statement but that she had refused to sign it. Consequently, this Court directed the District Legal Services Authority, Kozhikode, along with the Social Justice Officer, to visit the petitioner's residence and to report on her state of affair and that of her children. 4. This matter was thereafter, considered by this Court on 21st of December, 2017, wherein again this Court recorded deep concern for the petitioner and her children and it was directed that the children, if not being allowed to attend School, be produced before the Child Welfare Committee, Kozhikode, which was further directed to issue orders to ensure their care and protection. 5.
5. Several other orders were issued by this Court subsequently, being concerned for the welfare of the petitioner and her children and it was indicted by this Court, in the order dated 3rd of January, 2018, that the petitioner and her children were, in fact, then missing with their whereabouts not being known. It was at that time reported by the learned Government Pleader that the petitioner's mobile number had been switched off and that a Special Team with the help of the Cyber Cell had been deputed to trace her and her children. 6. In the meanwhile, the Social Justice Officer, Kozhikode filed a report before this Court indicating clearly that the petitioner was suffering from certain mental illnesses and that the children were being deprived of a secured family environment as also their right to education. He recommended that the children be considered as 'children in need of care and protection', as envisaged under the Juvenile Justice Care and Protection of Children Act, 2015 and that appropriate orders for this purpose be issued by this Court. This Court, on the basis of this information, then asked the Secretary, District Legal Services Authority, Kozhikode, to file a report, wherein again it was affirmed that the intervention of this Court is required to ensure continuous school education to the petitioner's children, particularly because they were not being allowed to do so by the petitioner. 7. Matters being so, with the whereabouts of the petitioner and her children not being known to this Court for sometime, it appears that they were traced from a lodge called "Chamundeshwari Lodge", along with a woman named Smt. Bushara and that they were taken into custody using minimum force on 7.1.2018. It transpired that the room in which she was residing with her children were taken on rent by a person named Sri. Faisal, the husband of Smt. Bushara, and that Sri. Faisal had informed the Police that he and his wife had formed a Trust to aid the petitioner and her children. 8. The records show that the petitioner and her children were thereafter subjected to medical examination; their statements recorded and later produced before the Judicial First Class Magistrate's Court-I, Kozhikode and thereafter before the Chief Judicial Magistrate's Court in compliance with the directions of this Court.
8. The records show that the petitioner and her children were thereafter subjected to medical examination; their statements recorded and later produced before the Judicial First Class Magistrate's Court-I, Kozhikode and thereafter before the Chief Judicial Magistrate's Court in compliance with the directions of this Court. We also see from the case records that the petitioner and her children were directed to be present before this Court on 10.01.2018 and the Police were directed to give all assistance for doing so. 9. All these proceedings finally led to an order, dated 10.01.2018, which, we think, is one of the most decisive one in this case. We notice from the case papers that on that day the petitioner and her two children, by names Khadeeja and Ameena, aged 14 and 12 respectively, were present in Court and the Psychiatrist and a Clinical Psychologist were requested to interact with them. The Court also appears to have interacted with the petitioner and her children and the Psychologist has reported before this Court that the petitioner suffers from persecutional delusions, with her children being kept without any public contact and consequently that there is a suspicion that they have also started being victims of such delusions. The Psychiatrist and the Psychologist appear to have recommended institutional care for the petitioner but indicated very clearly that the children are very attached to the petitioner and therefore, that an immediate separation would not be advisable. We notice that the Psychiatrist and the Clinical Psychologist thereafter placed separate reports on record. 10. Taking the totality of the circumstances into consideration, this Court issued the aforementioned order dated 10th of January, 2018, appointing two counsels of this Court, Sri. C.P. Muhammed Niyas and Sri.R.Sudheesh, as Amicus Curiae so that the petitioner and her children would be in a position to meet them on a regular basis, whenever they are in Kozhikode. The learned Amicus Curiae were also directed to contact the petitioner and to ensure that she brings her children also for such meetings. The Amicus Curiae were further directed to file periodical reports on the affairs of the petitioner and her children and it was recorded that Sri.Niyas has consented to interact with the community members so as to ensure that the lives of the petitioner and her daughters are brought back to normal as far as possible.
The Amicus Curiae were further directed to file periodical reports on the affairs of the petitioner and her children and it was recorded that Sri.Niyas has consented to interact with the community members so as to ensure that the lives of the petitioner and her daughters are brought back to normal as far as possible. This Court also directed a Psychiatrist or a Clinical Psychologist from the Government Mental Health Centre, Kozhikode to interact regularly, at least in a week at the first instance, with the petitioner and her children and to carry out effective counseling. Adjuvant orders were also issued to the Police to ensure that the lives of the petitioner and her children are sufficiently and effectively protected. 11. Today, when the matter was called, Sri.Mohammed Niyas and Sri.Sudheesh, the learned Amicus Curiae inform us that consequent to the efforts as narrated above, the petitioner and her children are now residing peacefully in a rented house, since the building in the petitioner's own property is now incapable of habitation. The learned Amicus Curiae say that the children are now visiting school regularly and that there is some sign of calm with respect to the petitioner as of now. However, they say that the petitioner would possibly require continuous psychological evaluation and counseling if she and her children have to lead a normal life in future. 12. We notice that the petitioner's apprehension is also as regards 3.30 cents of land, which she says has been settled in her name by her late husband, comprised of in Re.Sy.No.113/3B of the Chelavoor Village, Kozhikode. The learned Senior Government Pleader informs us that this property has now been measured and that its boundaries have been well demarcated. He says, therefore, that a continuous police protection of the said property may not be now necessary. We record this submission and therefore, all interim orders relating to this property issued by this Court, shall thus stand vacated. 13. As is luculent from the afore narration of facts when we deal with a matter of this nature, our constraints are more, particularly because the petitioner, after having filed this writ petition through a counsel, has now withdrawn such engagement and is refusing to be involved in these proceedings.
13. As is luculent from the afore narration of facts when we deal with a matter of this nature, our constraints are more, particularly because the petitioner, after having filed this writ petition through a counsel, has now withdrawn such engagement and is refusing to be involved in these proceedings. Even the learned Amicus Curiae inform us that the petitioner's interaction with them are not effective as they want it to be and that she has been exhibiting an attitude of isolation from the society as a whole. They also say that, perhaps as a concomitant symptom of her mental disease, she is exhibiting suspicion and delusion as regards everyone around her, including her neighbours and that she is now practically leading a life of isolation. The learned Amicus Curiae brings to our attention that the petitioner is living in a rented house along with her children and that she would require at least Rs.20,000/- towards living expenses but that she is not now engaged in any avocation nor does she earn any money through any other source. They tell us that the petitioner and her children are now being supported by well-meaning neighbours and other persons who contribute liberally. However, they voice an apprehension that they do not know how long this will continue and as to what will happen when if such sources dry in the future. 14. On a consideration of the afore circumstances, we are not sure how long this Court can continue to exercise jurisdiction as regards the petitioner and her children in such a fashion. This Court has done its best in having ensured a Psychiatrist or a Clinical Psychologist to interact with the petitioner and the children regularly and we notice that reports from such Psychiatric/Psychologist have been placed on record in sealed covers. However, the silver lining is that the petitioner and her children now appear to be leading a life as normal as can be in the circumstances and the learned Amicus Curiae submits that if things go the way it is today, the petitioner and her children may not have much problem in the years to come. However, their only worry is that the status may not continue like this for ever and that something will have to be thought of by this Court as a permanent arrangement. 15.
However, their only worry is that the status may not continue like this for ever and that something will have to be thought of by this Court as a permanent arrangement. 15. In the above perspective, we deem it appropriate to order this writ petition and to direct the third respondent -District Police Chief to set up a continuous but discrete vigil over the petitioner and her children and to ensure that their lives are sufficiently and adequately protected. The third respondent shall also make sure that the children are attending school regularly and that their lives are not disrupted on account of the illness, if any, being suffered by their mother. Consequently, the third respondent shall also arrange a mechanism under which a woman Police officer not in uniform, from the nearest police station, will be in touch with the petitioner and her children and even if the petitioner does not co-operate with the same, to keep a watch on her so as to ensure that she and her children are kept away from harm's way. Needless to say, if any crimes are registered at the instance of the petitioner or if any complaints are made by her in the future to any Police Officer, the same shall be taken note of and taken to its logical conclusion as per law. 16. We cannot make any further orders in this case even though we are certainly distressed, particularly with respect to the petitioner's young children. We can only ensure that the children are kept safe by the above mechanism so that they live well and go to be productive citizens of this country. 17. To further ensure that the well-being of the petitioner and her children are ensured without any untoward event, we direct the member Secretary of the District Legal Services Authority, Kozhikode to visit the petitioner and her children once in two months or if necessary, more than that and to report to this Court appropriately, if any intervention of this Court is found necessitated in the future.
This writ petition is ordered as above but before we conclude, we certainly have to place on record our deepest commendation for both the Amicus Curiae-Sri.Muhammed Niyas and Sri.R.Sudheesh, who have spend considerable amount of their time for the petitioner and her children and ensuring that they are brought to normal life which, we are certain, could not have been possible without their pro active intervention from time to time.