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The son of Suraj Lama, who went missing, filed a habeas corpus petition, and the order was granted.
Following his deportation from Kuwait earlier this month, a Bengaluru man went missing from Ernakulam. The Kerala High Court ordered the Kochi Police Commissioner to form a Special Investigation Team (SIT) to look into his disappearance on Saturday
The Special Investigation Team (SIT) must be led by an officer with at least the rank of Deputy Commissioner of Police (DCP), according to a directive from the Division Bench comprising Justices Devan Ramachandran and MB Snehalatha.
"We order the fourth respondent, the Commissioner of Police, to assume responsibility for the inquiry and form a Special Investigating Team, which will be led by a deputy commissioner of police or higher. On the following posting date, we will have access to the relevant information and procedures in this regard. On Wednesday of next week," the court mandated.
In order to make up for the loss of an unplanned holiday on October 3, the Court held a working day today, Saturday.
The Court had already ordered the Union Home Ministry to look into why the missing man, who was deported from Kuwait, had arrived at the Cochin International Airport (CIAL) rather than his home city of Bengaluru.
Santon Lama, the son of Suraj Lama, who went missing, filed a habeas corpus plea, and today's order was granted.
The petition claims that Suraj Lama was admitted to the hospital in Kuwait in August due to acute toxic leukoencephalopathy, a disorder that causes memory loss and partial speech impairment, which was brought on by alcohol poisoning.
Later, on October 5, he arrived in Kochi after being deported from Kuwait. Despite his confusion, he was able to leave the airport after being cleared by immigration, the Court was informed. Later, he was seen near the Aluva Metro station.
According to reports, he was arrested by Thrikkakara Police on October 8 when locals saw him resting in front of a house on Anaswara Lane.
After that, he was taken by ambulance to the Government Medical College Hospital in Kalamassery; however, on October 10, CCTV footage saw him leaving the injury ward alone. He hasn't been found since then.
The petition emphasized that officials were unable to locate Suraj Lama even after a missing person case was filed at the Nedumbassery Police Station. Both the hospital administration and the Thrikkakara Police were accused of egregious carelessness.
"Mr. Suraj Lama's disappearance following his detention by police (Ext P7) constitutes a grave breach of his fundamental right to life and personal liberty as protected by Article 21 of the Indian Constitution. After apprehending the missing individual, the police had a constitutional and legal obligation to protect him and bring him before appropriate medical and legal authorities, the plea contended.
On October 18, Santon Lama submitted a representation to the Commissioner of Police with the assistance of the Kerala State Legal Services Authority (KeLSA).
Sanjay and A Parvathi Menon, both advocates, represented the petitioner.
S Krishna, an advocate, represented the Union Government.
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