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2026 Supreme(Online)(Ker) 14304

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
NIAMATHULLA.U – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 289 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.S.SAJU, SMT.DONA PENTALIAN, SRI.A.V.SAJAN
For the Respondents: PUBLIC PROSECUTOR, SRI.P.K.MOHAMED JAMEEL, SMT. SUHARABI KANNETH, SMT.SMRITHI HARRIS, SRI B S SYAMANTHAK-GP

Writ petitions regarding personal liberties must reflect genuine consent of the affected individuals, emphasizing privacy rights.

Headnote:The petitioner alleged unlawful detention of his friend ('the alleged detenue') by her father. However, the detenue confirmed she did not authorize the petitioner to file the case and wished no further contact with him. The court dismissed the writ petition, emphasizing the need to protect the privacy of the parties involved. The court observed that the filing of such petitions by a police officer is concerning.

Table of Content
1. allegations of detention without consent. (Para 1 , 2)
2. court disapproves misuse of writ procedures by law enforcement. (Para 3)

JUDGMENT Devan Ramachandran, J.

The petitioner alleges that his friend (who will hereinafter be referred to as ‘the alleged detenue’ for short), is being detained by the 4th respondent – her father.

2. The ‘alleged detenue’ was produced before us by the 4th respondent today and what she told us was rather startling. She informed us unreservedly that she knows the petitioner only through phone, without having ever met him; and that, she did not authorize him to file this case, nor did she tell him that she was under detention. She explicitly made it clear that she does not want to have any further contact with the petitioner and requested that he be instructed not to contact her either.

3. The situation being as above, it is luculent that we do not require to exercise jurisdiction in this matter. However, we are concerned that the petitioner, who is stated to be a Police Officer, has chosen the misadventure of moving a Writ Petition of this nature. But we propose to say nothing further, lest it should detrimentally affect his career.

This Writ Petition is, consequently, dismissed.

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 4th respondent and the petitioner in all the papers.

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