Allahabad High Court hears habeas corpus filed by woman for missing son, says prima facie he is not in illegal detention

The Allahabad High Court heard a Habeas Corpus petition filed by a boy, through his mother, alleging that he had been abducted from his house and was kept in illegal detention in a police station’s “torture room”. 

The Division Bench of Justice Pritinker Diwaker and Justice Samit Gopal passed this order while hearing the petition filed by Raj Kesharwani through his mother Suman Kesharwani. The Petition is filed on the basis of an application dated July 10, 2021 of Suman Kesharwani, stating that her son Raj Kesharwani was abducted on July 7, 2021 at 8 PM from the main gate of the house for which, information was given to the Station House Officer, Police Station Dhoomanganj, District Prayagraj in writing, but no action was taken by the said officer. 

The petitioner further stated that on search she came to know on July 8, 2021 that her son has been kept in illegal detention in a torture room within the premises of Police Station Cantt, District Prayagraj. The petitioner alleged that since July 7, 2021, on further enquiry about the same, police failed to give any satisfactory reply regarding causing illegal detention. On July 10, 2021, she requested the police to produce her son before the magistrate concerned in accordance with law, but no heed was paid to the said grievance. Even information was given on Dial 112 and in response thereof, the concerned Police Team made an enquiry, but no reply was given regarding the ground of arrest. The Station House Officer, Civil Lines also came to Police Station Cantt. and apparently pretended as Station House Officer, Police Station Cantt. and then he was requested for producing her son before the concerned Magistrate, then he replied that he is not the Incharge of Police Station Cantt. and that the detenu/her son would be dealt with by the concerned officers of Police Station who have brought him. 

It is further stated in the letter petition that neither the police has shown any FIR being lodged against her son nor has produced him before the magistrate in accordance with law. Hence, detention of her son is illegal and a colourable exercise of power and as such, intervention of this Court has been sought. The said letter was treated as a Petition; has been registered so and placed before the Bench. 

The counsel for the petitioner submitted that the petitioner has been detained illegally for four days and there is no provision under the law of detaining any person in a Police Station without any reason and even the detention and the ground of arrest have not been disclosed either to the family members or friends as per law. It is further submitted that no provision of CrPC regarding arrest has been followed by the police while arresting Raj Kesharwani and as such, his detention is illegal.

It is also submitted that the boy has even been tortured by the police for many days and was not produced before the concerned magistrate. 

The state counsel informed the Court that he has been given an advance copy of the letter petition by the office of the Court and he has taken instructions upon the same. It is stated that as per instructions received from the concerned Police Station, it is disclosed that an FIR under Section 392 of IPC, Police Station Civil Lines, District Prayagraj, has been registered against unknown persons on June 30, 2021 in which, during investigation, complicity of the boy/Petitioner has surfaced on the basis of CCTV footage by the SOG and as such, he was arrested and has also been produced before the concerned Magistrate on July 11, 2021 in the morning, after being arrested on July 10, 2021 at about 1:30 PM. 

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It is argued that further relevant evidence has also been collected against him. State Counsel further submitted that other relevant documents, like produced before the concerned Magistrate and the order of Magistrate would be filed along with a counter affidavit. “State Counsel also prays for time to file counter affidavit. Considering the submissions made by counsel for the Petitioner and the State, we are of the view that, prima facie, it cannot be said that the petitioner is in illegal detention,” the Court said. 

Looking at the urgency of the matter, two days’ time is granted to the State Counsel to file a counter-affidavit, after serving it to the Counsel for the Petitioner, the Court ordered. The Court has fixed the next hearing on July 14, 2021.