High Court of KeralaSingle JudgeWrit petition disposed of; no relief on merits;...

Ummanni Muhammed and others v. State of Kerala and others

Case / Petition Number:WP(C) No.14305 of 2021 (K)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2021-09-14
Court Decision / Holding
This writ petition is disposed of. The court closes the petition without entering into the merits of the allegations, noting that the investigation into Sri Shan Muhammed appears concluded and there is no material before the court to hold that the police acted unlawfully. The petitioners are left free to invoke remedies before competent authorities, including the State Police Chief, if they have any complaints; the court refrains from adjudicating on the alleged violations in the absence of substantive material.
Final Disposition
Writ petition disposed of; no relief on merits; petition closed with liberty to approach competent authorities (including State Police Chief) for any complaints; no adverse finding on the allegations at this stage.

Parties to the Case

Appellants / Petitioners

  • Ummanni Muhammed
  • Suhara Muhammed
  • Farsana Shan
  • N.M.Joseph
  • Bail Baby
  • Jinu Mathew
  • Sheeba Sajid
  • Muhammed Shan
  • Farah Shan

Respondents

  • State of Kerala represented by Chief Secretary, Government Secretariat, Thiruvananthapuram
  • The Deputy Superintendent of Police, Muvattupuzha, Ernakulam District
  • Station House Officer, Pothanicad Police Station

Legal Representation & Advocates

Counsels for Petitioners

  • • Kuriakose Varghese
  • • V. Shyam OHan
  • • Anushma M. Khan
  • • Sudeep Aravind Panicker
  • • Roshan Thawani

Counsels for Respondents

  • • E. C. Bineesh (Government Pleader)

Case Synopsis & Summary

The petitioners, described as close relatives and colleagues of Sri Shan Muhammed, who is an accused in Crime No.473/2021 of Pothanicad Police Station, challenge the police investigation measures directed at them. They allege that despite not being charged, and being unrelated to the alleged acts, they have undergone incessant harassment, house raids, and even seizure of the sixth petitioner’s phone, with attempts to install tracking malware. They contend these actions violate constitutional protections and fundamental rights, particularly the right to privacy, and demand relief from coercive police conduct during ongoing investigation. Their advocate relies on Supreme Court judgments confirming stringent protection of privacy and civil liberties to argue that state actors must respect individual rights even during investigation. The State responds by branding the petitioners as relatives and associates of the accused, asserting that police visits are routine investigative steps with no illegality, and that the petition should be dismissed. It is noted that the accused Shan Muhammed has been apprehended and charge-sheet filed, and the court records that there is insufficient material before it to grant relief beyond refusing merits-based intervention. Ultimately, the court disposes of the writ petition, directing no adjudication on the merits but granting liberty to pursue remedies before competent authorities, including the State Police Chief, if any complaint exists.

Provisions of Law Cited

Protection of Children from Sexual Offences Act, 2012 (POCSO Act)

Legal Doctrines & Maxims

  • Right to privacy as a fundamental right (as laid down in K.S. Puttaswamy (Retd) v. UOI)
  • Protection of constitutional liberties of citizens (PUCL v. UOI)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the police, under the pretext of investigating Sri Shan Muhammed, have subjected them to constant raids at odd hours, harassment, and intrusion into their privacy, including seizure of the sixth petitioner's phone and installation of tracking malware. They rely on the Supreme Court’s privacy jurisprudence to urge that such actions violate constitutional liberties and fundamental rights, and seek direction to restrain respondents 2 and 3 from causing further harassment; they request action as appropriate by the State Police Chief and relief against ongoing investigative overreach.

Contentions of Respondents

The Government Pleader contended that the petitioners are relatives/associates of the accused and thus subject to ordinary investigative steps. He argued there has been no illegality or abuse of power; visits were part of normal police investigation, especially given the seriousness of the accused’s alleged offenses, including POCSO-related aspects. He urged dismissal for lack of material to substantiate the petition’s claims and highlighted that the investigation in respect of Sri Shan Muhammed has progressed, with the charge-sheet filed.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Justice K.S. Puttaswamy (Retd) and Others v. Union of India (UOI) and OthersAIR 2017 SC 4161PositiveCited to support the constitutional right to privacy and to underline protection of civil liberties during state action.
People's Union for Civil Liberties (PUCL) v. Union of India (UOI) and OthersAIR 1997 SC 568PositiveCited to emphasize inviolable civil liberties and the protection of fundamental rights during governmental action.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 14[TH] DAY OF SEPTEMBER 2021 / 23RD BHADRA,** ## **1943** ## **WP(C) NO. 14305 OF 2021** ## **PETITIONERS:** 1 UMMANI MUHAMMED, AGED 90 YEARS, W/O.M MUHAMMED, MADATHOTH HOUSE, PULINTHANAM, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. 2 SUHARA MUHAMMED, AGED 55 YEARS, W/O. M.M.MUHAMMED, MADATHOTH HOUSE, PULINTHANAM, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. 3 FARSANA SHAN, AGED 35 YEARS, W/O.SHAN MUHAMMED, MADATHOTH HOUSE, PULINTHANAM, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. 4 N.M.JOSEPH AGED 62 YEARS S/O. MATHAI, PRESIDENT, POTHANICAD GRAMA PANCHAYATH, NELLANIKOTT HOUSE, PULINTHANAM (P.O), PARAMBANCHERI, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. 5 BAIL BABY AGED 28 YEARS S/O. BABY PAULOSE, THAIPPARAMBIL HOUSE, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. 6 JINU MATHEW, AGED 35 YEARS W/O. BASIL K. GEORGE, KALLUNGAL HOUSE, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. **W.P.(C) No.14305 of 2021 (K)** 2 7 SHEEBA SAJID AGED 40 YEARS W/O. SAJIDUMMER, PERUMANATHOTTATHIL HOUSE, THURUTHIYIL LANE, EDAYAPURAM, ALUVA, KERALA-683 101. 8 MUHAMMED SHAN AGED 12 YEARS S/O. SHAN MUHAMMED, REPRESENTED THROUGH HIS MOTHER AND LAWFUL GUARDIAN-MRS. FARSANA SHAN, MADATHOTH HOUSE, PULINTHANAM, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. 9 FARAH SHAN AGED 9 YEARS D/O.SHAN MUHAMMED, REPRESENTED THROUGH HER MOTHER AND LAWFUL GUARDIAN-MRS. FARSANA SHAN, MADATHOTH HOUSE, PULINTHANAM, POTHANICAD, MUVATTUPUZHA, ERNAKULAM, KERALA-686 671. BY ADVS. SRI.KURIAKOSE VARGHESE SRI.V.SHYAMOHAN SMT.ANUSHMA M.KHAN SRI.SUDEEP ARAVIND PANICKER SRI.ROSHAN THAWANI ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DEPUTY SUPERINTENDENT OF POLICE MUVATTUPUZHA, ERNAKULAM DISTRICT-635 007. 3 STATION HOUSE OFFICER POTHANICAD POLICE STATION, PAINGATTOOR ROAD, POTHANICAD, KERALA-686 671. ## **W.P.(C) No.14305 of 2021 (K)** **==> picture [7 x 9] intentionally omitted <==** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 4 ## **W.P.(C) No.14305 of 2021 (K)** ## **JUDGMENT** The petitioners are stated to be 'close relatives and colleagues' of a certain Sri.Shan Muhammed, who has been admittedly arrayed as accused No.2 in Crime No.473/2021 of Pothanicad Police Station, Ernakulam. 2. According to the petitioners, even though they are relatives and colleagues of Sri.Shan Muhammed, they are in no way related to any of his actions nor have they been arrayed as accused in the said crime; and consequently that the Police Authorities obtain no competence to cause any investigation into them. They say that, however, contrary to this, they have been subjected to inhuman harassment and mental torture by respondents 2 and 3, under the pretext of locating Sri.Shan Muhammed and they contend that this is contrary to the ## **W.P.(C) No.14305 of 2021 (K)** 5 constitutional protection granted to them and is in violation of the applicable laws which govern the behaviour and conduct of police officers during investigation. 3. Sri.Mathew A.Kuzhalanadan, learned counsel appearing for the petitioners, laid out the case of his clients saying that, under the unsubstantiated and baseless allegation that they were shielding Sri.Shan Muhammed, respondents 2 and 3 are making constant and frequent searches and raids on their residences, even in odd hours, and that too without any valid warrant authorising it. He then submitted that, to add insult to injury, the phone of the 6[th] petitioner was seized by the Police Officers under the guise of investigation and her messages and other information therein were scrutinised. He further alleged that the said Officers then illegally installed an application into the ## **W.P.(C) No.14305 of 2021 (K)** **==> picture [7 x 9] intentionally omitted <==** phone so as to track her on a constant basis. 4. Sri.Mathew A.Kuzhalanadan submitted that the afore actions of respondents 2 and 3 are in flagrant disregard and violation of the judgment of the Honourable Supreme Court in _**Justice K.S.Puttaswamy (Retd) and Others v. Union of India (UOI) and Others**_ **[AIR 2017 SC 4161]** and an affront to the inviolable declarations in _**People's Union of Civil Liberties (PUCL) v. Union of India (UOI) and Others**_ **[AIR 1997 SC 568]** , which were made by the Honourable Court for protection of the constitutional liberties of citizens. 5. After saying as afore, Sri.Mathew A.Kuzhalanadan submitted that since the actions of respondents 2 and 3 fall into various categories of offences under the applicable laws, his clients have approached the State Police Chief through a ## **W.P.(C) No.14305 of 2021 (K)** 7 representation, seeking necessary action against them; and prays that the said Authority be directed to consider the same and conclude the investigation thereon without any avoidable delay. Sri.Mathew A.Kuzhalanadan, adscititiously prayed that the respondents 2 and 3 be directed to cause no further harassment to his clients, particularly because the aforementioned Sri.Shan Muhammed has already been apprehended and enlarged on bail and since the investigation into his crime is reported to have been now completed. 6. The afore submissions of Sri.Mathew A.Kuzhalanadan were stoutly met by the learned Government Pleader, Sri.E.C.Bineesh, arguing that it is now become a pattern for the relatives and other associates of an accused to approach this Court alleging harassment. He asserted that this case is a classic example of such a tendency, pointing out that ## **W.P.(C) No.14305 of 2021 (K)** 8 Sri.Shan Muhammed was absconding and evading arrest for a long period of time, after being arraigned as an accused in a crime involved very serious offenses, including under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He submitted that the police have not acted illegally or in excess of their power, but only made visits to the residences of the petitioners as part of the investigation since they themselves admit that they are “close relatives and colleagues” of his. He, therefore, prayed that this writ petition be dismissed. 7. When the afore rival positions are assessed, it is rendered evident that the petitioners contend that under the pretext of investigation, respondents 2 and 3 have committed various human rights violations against them - the most grievous of them being that they illegally violated the privacy of ## **W.P.(C) No.14305 of 2021 (K)** 9 the 6[th] respondent, by inspecting her phone and in installing a malware in it. However, the petitioners themselves admit that they have approached the State Police Chief with a complaint against respondents 2 and 3 on these lines and further that the investigation against Sri.Shan Muhammed is now over. Since the learned Government Pleader also affirms that charge sheet has been filed in the crime involving Sri.Shan Muhammed, I am of the view that petitioners need not have any further apprehension of any action against them by the police henceforth. As regards the allegation of the petitioners against respondents 2 and 3, I am of the opinion that this Court cannot speak affirmatively on it one way or the other in this writ petition in the absence of any relevant materials and report, particularly when they say that they have already approached the State Police Chief with an ## **W.P.(C) No.14305 of 2021 (K)** ## 10 appropriate complaint. 8. In the afore circumstances, I close this writ petition, without entering into any of the allegation of the petitioner; on its merits; however, leaving full liberty to them to invoke and pursue all remedies, as may be available to them, before all competent Authorities, including the State Police Chief. Needless to say, if any complaint has already been preferred by the petitioner before the State Police Chief as asserted by them, the said Authority will consider the same in terms of law and communicate the resultant orders to them, without any avoidable delay. This writ petition is thus ordered. Sd/- ## **DEVAN RAMACHANDRAN, JUDGE.** ww