CASE TITLE:
Thulasidas Adhikesavan Vs. The Inspector of Police
DATE OF ORDER:
19 December 2022
JUDGE(S):
Justice P.N Prakash
Justice N. Anand Venkatesh
SUBJECT
A habeas corpus petition was filed before the Madras High Court under Article 226 of the Constitution to direct the respondent to produce the body of the petitioner’s father who went missing after his admission to a Government Hospital for his treatment of covid-19. The learned Court disposed off a habeas corpus petition and directed the Inspector of Police to take steps to locate the missing person and further directed him to take note of guidelines as set out in K.Sukumari v. The Superintendent of Police, Virudhunagar District, Virudhunagar and others [2018 (2) LW (Crl) 636] for cases pertaining to a missing person. The Court also noted that-
“It is the grievance of the family of Adikesavan that had the police acted with alacrity, the police would have been in a position to trace Adikesavan. We do see sufficient force in the grievance ventilated by the family of Adikesavan.”
IMPORTANT LEGAL PROVISIONS
THE CONSTITUTION OF INDIA
Article 226- provides the High Court with the power to issue writs, including writs in the form of habeas corpus, mandamus. quo-warranto, certiorari, prohibition, to any person or authority, including the Government
BRIEF FACTS OF THE CASE
- One Athikesavan, a bangle seller, tested positive for covid-19.
- As per the governmental protocols, he was taken to Ekkatuthangal Urban Primary Health Centre to be subjected to further screening.
- Upon further examination, the doctors felt that home quarantine would not be a better recourse to be adopted for him.
- On the doctors’ advice, he was then taken to the Government Kilpauk Medical College and Hospital for his treatment.
- Since, Adhikesavan did not have a mobile phone, his family lost track of him.
- It is submitted by the plaintiff, elder son of Adhikesavan that after about three days after his admission i.e. on 17.06.2020 to Kilpauk Medical College and Hospital, they approached the St.. Thomas Mount Police Station, informing him that no record of their father’s admission to the said hospital.
- Is is alleged by the plaintiff that St. Thomas Mount Police Station refused to register A FIR of ‘man-missing’.
- An online complaint was then made through the portal of the Tamil Nadu Police website which led to the Kilpauk Police Station to register. FIR for man-missing on 23.06.2020.
- Since the whereabouts of Adhikesavan has still not been known, the plaintiff has filed a Habea sCorpus petition before this Court on 02.07.2020.
- While the petition was being heard, a status report was submitted by the Commissioner of Greater Chennai Corporation. As per the said report, Adhikesavan was shifted to Rajiv Gandhi Government General Hospital and the CCTV footage also clearly showed Adhikesavan was waiting outside that said hospital at 1 p.m. He was further seen crossing the road near it at about 8 p.m.
- Mr. Saminathan, the Deputy Commissioner of Police also submitted two status reports highlighting the steps that were being taken by the Police to locate Mr. Adhikesavan.
- The case came up for hearing before the Court on several occasions and despite several orders given by the Court, the position still remains the same with no any report of Mr. Adhikesavan being either dead or alive.
ANALYSIS BY THE COURT
- The Court observed in light of the horrifying situation that was presented by the onsetof covid-19 that overburdened the state authorities, doctors and the police officials, it will not be right to place the blame on any single officer for the lapse.
- However, the Court noted that had the Police acted promptly when it was approached with the missing complaint for the first time, they would have been in a better place to trace Mr. Adhikesavan.
- The Court directed the Inspector of Police, Flower Bazaar Police Station, Chennai to take all the required steps to locate the missing person. The Court also directed him to take into consideration the guidelines as laid down in K.Sukumari v. The Superintendent of Police, Virudhunagar District, Virudhunagar and others [2018 (2) LW (Crl) 636]
CONCLUSION
The learned Court concluded that considering the circumstances posed by the outset of covid-19, it would not be right to be too harsh on the State Government. However, on humanitarian grounds, the Court directed the State Government to pay a sum of Rs. 1,00,000 as compensation to the family members of the missing person.
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