IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 9^TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 WP(CRL.) NO. 533 OF 2021 PETITIONER:

SULEKHA SAGEER ABDULLA, AGED 53 YEARS, DAUGHTER OF LATE U.A. KHADER SULUS, FLORICAN HILL ROAD, KOZHIKODE, PIN-673 010.

KOZHIKODE, PIN - 673010 BY ADVS.

P.A.NOOR MUHAMED BILAL NIAMATHULLA RUXANA P.N.

S.GIFFARA RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI - 110 001.

E.MAIL: AORD@MEA.GOV.IN ERNAKULAM, PIN - 682031

2 THE AMBASSADOR OF INDIA, PLORT NO.10, SECTOR W-59/02, DIPLOMATIC AREA, OFF THE SHEIK RASHID BIN SAEED STREET (EARLIER KNOWN AS AIRPORT ROAD), NEAR TO PEPSICOLA, P.O.BOX 4090, ABU DHABI, UNITED ARAB EMIRATES E.MAIL: AMB.ABUDHABI@MEA.GOV.IN

3 CONSULATE GENERAL OF INDIA AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O.BOX 737, DUBAI, UNITED ARAB EMIRATES, E.MAIL:CG.DUBAI@MEA.GOV.IN CONS1.DUBAI@MEA.GOV.IN; CONS3.DUBAI@MEA.GOV.IN

4 THE AMBASSADOR OF INDIA, EMBASSY OF INDIA, JAMIAT AL-ARABIYA STREET, DIPLOMATIC AREA, AL KHUWAIR, P.O.BOX 1727, PC 112, MUSCAT, SULTANATE OF OMAN.

EMAILLAMB.MUSCAT@MEA.GOV.IN; CW.MUSCAT@MEA.GOV.IN

5 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-

695001.

CHIEFSECV@KERALA.GOV.IN

6 KERALA POLICE CHIEF, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

EMAIL: DGP.POL@KERALA.GOV.IN

7 NORKA ROOTS, REPRESENTED BY ITS CHIEF EXECUTE OFFICER, NORKA CENTRE, NEAR GOVERNMENT GUEST HOUSE, THYCAUD, THIRUVANANTHAPURAM-695014.

EMAIL:CEO.NORKA@KERALA.GOV.IN BY ADV MANU S., ASG OF INDIA SRI.E.C.BINEESH, GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.

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W.P(Crl.) No.533 of 2021 -------------------------------------------

Dated, this the 9^th day of March, 2022

JUDGMENT

K.Vinod Chandran,J The petitioner prays for a Writ of Habeas Corpus commanding the respondents to produce the husband of the petitioner before this Court, ensure his safety and security and release him from illegal detention. Admittedly, the petitioner’s husband was working in Dubai, United Arab Emirates for the past 40 years. On 18.06.2021, the petitioner's son dropped his father in a location at the request of the father. After that the petitioner's husband was not seen and he was also not answering the calls, to his three mobile numbers. It is also alleged that on verification of the mobile phone bill of the subject, several calls have been made to a particular number. The petitioner also narrates the various steps taken by the son and the relatives of the petitioner, who are in Dubai.

2. The petitioner's son made enquiries and complained with the Police Stations at Muraqqabat and Naif, Dubai. The Officers at the former Police Station asked for a tooth brush of the subject to carry out DNA verification, which was also submitted to the Police Station. The status of the application before the Dubai Police is produced as Ext.P1. The petitioner’s son also had met the CID Absentee Division of Qusais Police Station. The petitioner's son-in-law along with the son reported the matter to the Indian Consulate in UAE as per Ext.P2 apprehending his arrest and detention in Sweihan Military Jail, Abudhabi. Ext.P3 mail was send by the ASO (Consular) to the Community Affairs Wing about the missing, reported of the subject and shared the apprehension of the relatives regarding the detention at Sweihan Military Jail. Ext. P3 was marked to the complainant and there was a further communication addressed by the ASO (Consular) requesting the complainants to approach the Embassy directly. The apprehension raised as to the petitioner’s husband being detained in Sweihan Military Jail, AbuDhabi was reiterated by an e-mail dated 27.09.2021 (Ext. P4). By Ext.P3 it was informed that the missing