Xxx xxx v. District Police Chief, Opposite Power House Aluva Ernakulam
2025-05-30
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
body2025
DigiLaw.ai
JUDGMENT (Devan Ramachandran, J.) Adverting to the need of protecting the privacy of the alleged detenue and her family, we direct the Registry to anonymise her name and details, as also that of the 3 rd respondent and the petitioner in all the papers. 2. We require to be very circumspect while writing anything in this judgment, on account of the grave nature of the factual circumstances presented. 3. The petitioner is stated to be the sister of a person by name Sri.Sansal Saji and says that the latter and the alleged detenue are in a relationship, which has resulted in her pregnancy. She alleges that the 3 rd respondent, who is the mother of the alleged detenue, is against the said relationship and that she has hence detained the alleged detenue illegally. 4. Smt.Mary Beena Joseph – learned Senior Government Pleader, made available a Report obtained from the 2 nd respondent – Sub Inspector of Police, Kalloorkad Police Station; and it contains a narration which will shock the conscience of any right thinking person. 5. The alleged detenue and the 3 rd respondent were present before this Court today, though the petitioner was not. The learned counsel for the petitioner – Sri.S.Sreedev, submitted that his client is unable to be present due to certain personal reasons. 6. We interacted with the alleged detenue, who reiterated whatever has been placed before us in the Report of the 2 nd respondent and said that she is scared of Sri.Sansal Saji. She explained that she is not apprehensive for her own life alone, but for the lives of her parents and near ones. She voiced her concern that she may not be able to live a peaceful life, as she is fearful that Sri.Sansal Saji will harm her in future; adding that she was able to terminate her pregnancy caused due to his sexual attacks. 7. The alleged detenue was calm and composed in the exterior, but we could see the tribulations deep within her – as they say, still waters run deep. She told us unequivocally that she wants to return with her mother and that she has been subjected to great trauma, sexual abuse and terror by Sri.Sansal Saji; and we saw that all these have created a scar inside her. 8. Our empathy is certainly with the alleged detenue, but that itself may not be sufficient.
She told us unequivocally that she wants to return with her mother and that she has been subjected to great trauma, sexual abuse and terror by Sri.Sansal Saji; and we saw that all these have created a scar inside her. 8. Our empathy is certainly with the alleged detenue, but that itself may not be sufficient. It is our duty, in our firm view, that we take care of her for at least a short while, so that she will be in a position to go back to her life normally, including completing her nursing studies, which she is pursuing. 9. The learned Senior Government Pleader submitted that Sri.Sansal Saji is involved in at least 11 crimes, four of which are extremely grave including sexual offences; and that he has now been included in the Rowdy History Sheet at the Vazhakkulam Police Station, under the provisions of the Kerala Anti-Social Activities (Prevention) Act (KAAPA). She informed us that the Investigating Officer of the Crimes, who is the 2 nd respondent herein, is before us and we interacted with him also. 10. The Officer came across as one fully aware of the situation and exhibited full empathy for the alleged detenue, which we certainly appreciate. We asked him whether it is possible for him to offer the alleged detenue full protection in a discreet manner, perhaps with the assistance of ununiformed Police officers and he informed that this is already being done. He also told us that Sri.Sansal Saji is under surveillance, but that he has violated the externment order against him under the ‘KAAPA’ Act by trespassing into the house of the alleged detenue and causing a sexual attack on her. 11. This is why we mentioned in the prefatory paragraph of this judgment that what we see is a very grave situation. 12. We have no doubt that the life of the alleged detenue is in danger at the hands of Sri.Sansal Saji. This Writ Petition has not been filed by him, but through his sister and we, therefore, find her actions to be not only malafide, but questionable and confutative. We cannot understand what the petitioner intends by filing a Writ Petition of this nature representing her brother, who is unable to come to Court for the obvious reason that he is reported to have violated an externment order under the ‘KAAPA’ Act. 13.
We cannot understand what the petitioner intends by filing a Writ Petition of this nature representing her brother, who is unable to come to Court for the obvious reason that he is reported to have violated an externment order under the ‘KAAPA’ Act. 13. The alleged detenue, as we have said above, has expressed her firm intent to return with her mother and to live in peace, to pursue her studies as any girl of her age would aspire. We certainly wish her well and assure her full support. 14. As mentioned above, the Report of the Police indicate that there are grievous Crimes registered against Sri.Sansal Saji, including on the basis of the complaints of sexual attacks made on the alleged detenue. Further more, Sri.Sansal Saji has now been included in the ‘Rowdy Sheet’, but is imputed to have violated the orders under the ‘KAAPA’ Act, to make further assaults on the alleged detenue. Action on all these certainly have to be continued and completed to its logical conclusion. We, therefore, dismiss this Writ Petition, imposing a cost of Rs.10,000/- on the petitioner, which shall be paid by her through her counsel to the learned Senior Government Pleader. The learned Senior Government Pleader, on receipt of the same, shall ensure that the money is received by the alleged detenue, or the 3 rd respondent, through the Police Officer concerned. Coming to the life of the alleged detenue, we record the submissions of the Station House Officer of the Kalloorkad Police Station that he will ensure her full protection in a discreet manner, using officers not in uniform; for the time being, on a 24 hour schedule. We also direct the 1 st respondent to ensure surveillance on Sri.Sansal Saji on a regular basis, to make sure that he obtains no access to either the alleged detenue or her family members in any manner. We caution the officers that should there be any experience for the alleged detenue or her family members contrary to this, either at the hands of Sri.Sansal Saji or any other person acting under him, they may be held responsible. Before we close, we must also record that the alleged detenue had fear that some of her photographs may be leaked by Sri.Sansal Saji in the online platforms. This apprehension is real and the consequences of any such would be catastrophic.
Before we close, we must also record that the alleged detenue had fear that some of her photographs may be leaked by Sri.Sansal Saji in the online platforms. This apprehension is real and the consequences of any such would be catastrophic. The 1 st respondent will, therefore, ensure that all such information that may be available with Sri.Sansal Saji is dealt with as per law and removed to the fullest warrant, as sanctioned under the Statutory Scheme. We further direct the Head of the Cyber Crime Division in Kerala to watch the internet space, particularly qua Sri.Sansal Saji, to ensure that he does not misuse any photographs/information of the alleged detenue. Even though we have disposed of this Writ Petition with the afore directions, we deem it necessary to call it after 10 days for the first report in compliance of all the directions. For such purpose, we order that this matter be called on 10.06.2025.