The seriousness of producing a fake death certificate and the need for a thorough investigation into such fabrication.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the second respondent to secure and produce the petitioner's grandmother namely Sembaye aged about 78years, before this Court from the illegal custody of the 3rd respondent and set her at liberty and pass such or other order as this Court may deem fit and proper.)

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

The petitioner has come forward with the present petition seeking to direct the second respondent to secure and produce the petitioner's grandmother aged about 78years, before this Court from the illegal custody of the 3rd respondent.

2. It is the case of the petitioner that his maternal grandmother / detenue, namely, Sembaye has been kidnapped by the 3rd respondent, who is also one of the grandsons of the detenue, for acquiring her assets. A complaint in this regard has been given to the 2nd respondent and after enquiry, it was informed to the petitioner that his grandmother was admitted in an Orphanage Home. It is further case of the petitioner that though he had immediately contacted the Home to bring back his grandmother, there was an evasive reply received from them and at one point of time, it was informed to him that his grandmother had expired and she was buried in the burial ground of the Orphanage itself. It is also the case of the petitioner that the reply received from the Home was intimated to the 2nd Respondent Police and the Police in turn called the 3rd respondent for enquiry. During interrogation, the 3rd respondent has produced a fake death certificate of the grandmother of the petitioner and the factum that it is a fabricated document has been duly affirmed by the Competent Authority also and the said death certificate produced by the 3rd respondent has been obtained even when his grandmother was alive.

3. It is stated by the petitioner that the grandmother is still in the custody of the 3rd respondent and the 2nd respondent, for the reasons best known to them, has not taken any steps to secure his grandmother. Having left with no other remedy, the petitioner has filed this petition.

4. On earlier occasions, viz., on 08.07.2022 and 14.07.2022, this Court, after hearing the parties concerned, passed orders, which are reproduced hereunder:-

"08.07.2022

The present Habeas Corpus Petition has been filed by one Selladurai contending that her grandmother Sembaye, female, aged 78 years, is illegally detained under the custody of the third respondent and to set her liberty.

2. For the sake of production of records and filing counter affidavits, we are not narrating the entire details narrated by the petitioner in the affidavit filed by him.

3. From the documents produced before this Court, it appears that Sembaye died not once but twice i.e. on 22.06.2018 & 20.06 2019. In this State a person can have two birth certificates but not two death certificates. The fourth respondent has produced a letter dated 16.04.2022 stating that said Sembayee had died on 22.06.2018. In another communication of the fourth respondent it is stated that the grandson of Sembaye one Rajkumar who had admitted his grandmother Sembaye on 22.05.2017 had taken her back from the home on 19.06.2019 due to her ill health. In the communication letter dated 22.06.2018, Rajkumar had signed whereas in another communication letter, the fourth respondent had signed. The third respondent has also applied for death certificate of Sembaye mentioning her date of death as 22.06.2018. Apart from the counter affidavit, a death certificate bearing registration No.D2019:33-11097-000019 has been produced before this Court. In the said death certificate it is mentioned the place of death as Government Hospital, Trichy-620006 and the date of death as 27.06.2019. The Revenue Tahsildar, Virudhachalam, through his communication dated 04.03.2022 has stated that the said death certificate is a