Man 'missing' from police custody, wife files habeas corpus petition

Court directs police to file affidavits

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed the Commissioner and Secretary, Home Department, Government of Assam, the Director General of Police (DGP), Karimganj Superintendent of Police (SP), officer in-charge of Karimganj Sadar Police Station and the officer in-charge of Patharkandi Police Station to file affidavits regarding the habeas corpus petition filed by one Monowara Begum.

Monowara Begum filed the habeas corpus petition under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus by the respondents (mentioned above) to produce her husband, Fakrul Islam, who is missing from police custody since January 11, 2022.

According to Monowara Begum, Fakrul Islam is an Assistant Teacher at Asimia Senior Madrassa and also the in-charge Superintendent of the school. For undisclosed reasons, Islam was detained by the police personnel of Patherkandi Sadar PS on January 10, 2022 and after his medical check-up at about 1.00 pm, he was taken to Karimganj PS, but his whereabouts is not known since the morning of January 11 and he is missing from the police custody. The counsel for the petitioner (Monowara Begum) informed the court that police claims that Islam had escaped from their custody. The counsel also told the court that the petitioner and her family members are being harassed by the police. Although the petitioner had sought for information from the police, she was neither informed why her husband was being detained by the police nor any arrest memo was served to the petitioner or any other family members.

The government advocate appearing for the respondents produced a status report in connection with the husband of the petitioner where it is mentioned that husband of the petitioner was complaining of high blood pressure and low insulin. He was not kept in police lock-up but in the custody of the Sentry of the Patherkandi PS and he was allowed to be attended by one of the relatives of the petitioner's husband, namely Siddiq Ali. At around 7 am on January 11, both had escaped from the Sentry post taking advantage of the sleeping Sentry. As per the mobile call data, the husband of the petitioner had spoken to the petitioner over his mobile phone and that the escape of the petitioner's husband is also recorded in the CCTV footage of the Police Station.

The court directed the respondents to file affidavits in the next hearing and also directed the State authorities to ensure production of the case diary as well as the copy of the CCTV footage in the next hearing. The court order stated, "This being a habeas corpus petition, the Court expects all the respondents to file their respective affidavitin-opposition."

The court also directed the Officer-in-charge of the Karimganj Sadar PS and the Officer-in-charge of the Patherkandi PS not to take any coercive action against Monowara Begum.

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