Illegal detention punishable with life imprisonment

Barathkumar K M | Sastra Deemed to be University Thanjavur | 27th June 2020

T.V.Eachara Varier Vs Secretary to the Ministry of Home

Facts:

The petitioner was the retired Hindi professor in the Government Arts and Science College. His only son, Rajan was a final year student in the Regional Engineering College, Calicut. He was a bright student during his academic period and never indulged in any kind of political activity.  During the national emergency period, Rajan was taken into the Police custody while he was staying in the college hostel and the police had not made known his whereabouts. The Principal of the college informed the petitioner about this incident via registered letter. But due to the national emergency, the petition cannot be able to see his son. He made representations to the authorities which he did with no result. After the national emergency was lifted, Rajan’s father filed a writ petition in the High Court to allow him to see his son.

Issues:

1. Whether Rajan was taken into custody?
2. Whether Rajan was still in police custody
3. Whether the policemen who arrested Rajan were held liable?

Petitioner’s argument:

The petitioner stated that his son was a bright student, a merit scholarship, a radio singer and actor. He never indulged in any kind of political activity. The policemen arrested Rajan by mistake. 

Respondent’s argument:

The respondent stated that Rajan is not under custody or detention anywhere in the state. The Government has suspended four policemen and registered a criminal case in this regard. The Government will take all the possible steps to track the missing student.

Observation:

It was observed that Rajan never indulged in any kind of political activity. The two witnesses stated that Rajan was arrested by the police officers. Rajan’s father contended that they were aware of the son’s disappearance while the police filed a counter-affidavit disclaiming the arrest. It was clear that he was under the custody of the police. 

Judgment:

The Hon’ble Kerala High Court held that the police officers were liable because they used their powers excessively and abused it. The court ordered the police to find Rajan. Several police officers were sentenced to life imprisonment.