Kerala High Court Orders SIT to Trace Man Missing After Kuwait Deportation

Kochi, India – In a firm assertion of judicial oversight and concern for citizen safety, the Kerala High Court has directed the Commissioner of Police to constitute a Special Investigation Team (SIT) to trace Suraj Lama, a man who mysteriously vanished after arriving in Kochi from Kuwait on October 5, 2025. The order came during the hearing of a habeas corpus petition, underscoring the court's commitment to ensuring a thorough and proactive investigation into the man's disappearance.

The Division Bench, comprising the Honorable Justice Devan Ramachandran and Justice M.B. Snehalatha, took a strong stance on the matter, emphasizing the state's responsibility in locating the missing individual. The case, titled Santon Lama v. State of Kerala and Ors. (WP (Crl) No. 1421/2025), was initiated by Suraj Lama's son, who expressed frustration over the perceived lack of progress in the police inquiry.

A Father's Disappearance and a Son's Plea

The petition outlines a distressing sequence of events leading to Suraj Lama's disappearance. Lama, a long-time hotel businessman in Kuwait, had reportedly fallen out of contact with his family. Alarmed, his son, Santon Lama, and wife reached out to friends in Kuwait. They were informed that Suraj Lama had been hospitalized for alcohol poisoning and was suffering from significant health issues, including partial memory loss and speech impairment, to the extent that he could not recall his own name.

The situation escalated when the family learned he had been transferred to a deportation centre in Kuwait. The crucial piece of evidence came on October 7, 2025, when a friend sent a photograph of an air ticket, allegedly obtained from a security guard's phone. The ticket indicated that Suraj Lama had been put on a flight from Kuwait to Kochi on October 5.

Acting on this information, Santon Lama and his mother traveled to Kochi and filed a complaint with the Nedumbassery Police. Despite receiving sporadic information that his father had been sighted in various parts of the city, all efforts to locate him proved futile. The family's independent inquiries and a representation to the Commissioner of Police yielded no results, prompting them to approach the High Court for judicial intervention. The plea, moved by Advocate Parvathi Menon, sought a time-bound and effective investigation into the disappearance.

The Court's Decisive Intervention

During the hearing on October 25, the Bench made its position unequivocally clear through powerful oral observations. Responding to the state's submission that the missing person could not be traced despite their "best efforts," the court expressed its resolve.

"Now we want to trace him out, we have to trace him out. Come what maybe, we have to trace him out...We want full details through the embassy now," the Bench orally assured, signaling its intent to leave no stone unturned.

Advocate Parvathi Menon, appearing for the petitioner, argued that "the authorities are not acting with the alacrity that they should normally exhibit." While the court refrained from making any "incriminatory remark at this stage," it acknowledged the need for a more specialized and focused investigative approach.

The court's formal order reflects this view, directing the immediate formation of an SIT. The order states:

"We do not propose to make any incriminatory remark at this stage but rather of the view that a special team must be constituted headed by the 4th respondent Commissioner of Police so as to trace out the alleged detinue... we direct the 4th respondent to take over investigation and constitute a Special Investigation Team under him to be headed by an officer of the rank of Deputy Commissioner of Police."

The court has mandated that the details and progress of the SIT's formation and investigation be presented at the next hearing. The order also contains a clear directive: "Needless to say, every effort must be on by the competent authorities to ensure that the alleged detinue is traced out. and this shall be continued without fail."

The central government's counsel noted that Lama was likely sent back to India on an emergency certificate, a document often used when a passport is lost or during deportation. The counsel sought a week's time to gather and file complete details, presumably from the Indian embassy in Kuwait, which could shed light on the circumstances of Lama's repatriation.

Legal Implications: Habeas Corpus and Judicial Oversight

This case serves as a significant example of the evolving jurisprudence around the writ of habeas corpus. Traditionally used to challenge unlawful detention by the state, courts have increasingly expanded its scope to address situations where state inaction or a deficient investigation is tantamount to a deprivation of liberty and a violation of the right to life under Article 21 of the Constitution.

By treating the disappearance as a matter warranting the court's intervention under its habeas corpus jurisdiction, the Kerala High Court is reinforcing the principle that the state's duty extends beyond merely refraining from illegal detention to actively protecting the life and liberty of individuals within its territory. The court’s order to establish an SIT is a direct exercise of its supervisory powers over law enforcement agencies, aimed at ensuring accountability and effectiveness.

For legal practitioners, this case highlights the judiciary's willingness to step in when a petitioner can demonstrate that a police investigation is languishing. The court's decision to mandate a high-ranking officer (Deputy Commissioner of Police) to head the SIT indicates a judicial demand for a higher standard of investigation in sensitive cases involving vulnerable individuals. The emphasis on obtaining information through the embassy also points to the court's recognition of the transnational elements of the case and the need for coordinated, multi-agency efforts.

As the newly formed SIT begins its work, the legal and public communities will be watching closely. The outcome of this investigation will not only determine the fate of Suraj Lama but will also set a precedent for how the state and the judiciary respond to the plight of missing persons, particularly those repatriated under vulnerable circumstances.