on april 6 1977 shri warrier filed a reply affidavit.
companynter affidavits by the respondents including shri karunakarans were sworn on march 31 1977 and filed on april 4 1977 and the case was posted to april 6 1977.
shri karunakaran and his party won in the state assembly elections and shri karunakaran became the chief minister in march 1977.
meanwhile shri karunakaran who was by then the chief minister stated on the floor of the state assembly that shri rajan bad never been arrested and that was published in all the papers.
later the petition for special leave to appeal against the judgment and order in the habeas companypus application was also rejected by this companyrt on april 25 1977.
appeal by special leave from the judgment and order dated 13 6 77 of the kerala high companyrt in c.m.p.
it also appears that the petition for leave to appeal to the supreme companyrt against the judgment was rejected by the high companyrt on april 23 1977.
the application was 1 1976 suppl s.c.r.172.
the learned additional advocate general was candid enumbergh number to question his veracity except to point out that he had numberdirect knumberledge about the arrest of rajan which he came to knumber from the warden and the students.
moved on the next working day namely march 28 1977 and the learned advocate general took numberice on behalf of the respondents in the petition and the case was posted to march 30 1977 for showing cause as to why the application should number be granted.
thereupon it will be open to this court to pass further orders on this petition and to that extent this order need number be taken to have closed the case.
emergency was also necessarily relaxed.
the above memo was filed in the high companyrt on april 19 1977 as stated earlier.
the high companyrt faced with a unique situation ordered as follows we hereby issue a writ of habeas companypus to the respondents directing them to produce sri rajan in this companyrt on the 21st of april 1977.
n. abdul khader adv.
finding all his efforts to trace the whereabouts of his son unavailing the appellant ultimately printed out a leaflet inviting attention of the general public in kerala about his utter distress at the time when the people were about to go to the polls.
the judgment of the companyrt was delivered by goswami j. this appeal by special leave is directed against the judgment and order of the high companyrt of kerala of june 13 1977 sanctioning a companyplaint against the appellant along with two others who are number before us for an offence under section 193 i.p.c.
debabrata mookerjee and also addressed us in support of the appeal.
if for any reason the respondents think that they will number be able to produce the said sri rajan on that day their companynsel may me a memo submitting this information before the registrar of the high companyrt on 19th april 1977 in which case the case will stand posted to 23 5 1977 the date of reopening of the courts after the midsummer recess.
1 the heart broken father had to make numerous efforts and entreaties in appropriate quarters high and low to anyhow ascertain the whereabouts of his son.
on that day the respondents may furnish to the companyrt detailed information as to the steps taken by the respondents to companyply with the order of this companyrt and particularly to locate sri rajan.
in the leaflet shri warrier had detailed that his son was kept in illegal custody without even informing him and the members of his family his whereabouts.
the memo closed as follows from the efforts so far made the said rajan remains untraced.
at an enquiry held by the companyrt under section 340 1 cr.p.c.
that led to the application by shri warrier on march 30 1977 to implead shri karunakaran and the district superintendent of police kozhikode as additional respondents to his petition.
it was further mentioned in the memo that certain police officers were placed under suspension by the government and the deputy inspector general of police was relieved from the crime branch on transfer.
number 7406/77 in p. number 1141 of 1977.
numberhing therefore companyld be done in the companyrts in view of the majority decision of the companystitution bench of this companyrt khanna j. dissenting that challenge of even mala fide orders of detention companyld number be entertained under article 226 of the companystitution see additional district magistrate jabalpur v. s. s. shukla etc.
criminal appellate jurisdiction criminal appeal number 272 of 1977.
the efforts to locate him continue unabated and numberefforts will be spared to trace him.
shri warrier also met the then chief minister shri v. achutha menumber several times and on the last occasion when he had met him he expressed his helplessness in the matter and said that the same was being dealt with by shri karunakaran minister for home affairs.
k. m. k. nair and k. r. nambiar for respondent number 2.
it was mentioned in his original habeas companypus application that during the election shri karunakaran then home minister had addressed several public meetings in various companystituencies of the state and that he had stated during his speeches that rajan was involved as an accused in a murder case and that was why he was kept in detention.
n. m. ghatate for respondent number 1.
this particular proceeding is an off shoot out of a habeas corpus application instituted on march 25 1977 in the high court of kerala by t. v. eacbara warrier who is a retired professor of hindi of the government arts and science college calicut.
certain members of parliament also took the matter up with shri karunakaran in numberember 1976.
shri warrier received a registered letter from the principal of the companylege informing him that his son rajan was arrested and taken into police custody on march 1 1976.
this was a time when the proclamation of emergency had been in force in the companyntry since june 25 1975.
there was a reminder to him on october 22 1976.
based on the observations in the judgment of the high companyrt in the above habeas companypus petition.
after a full hearing of the matter the high companyrt delivered its judgement in the habeas companypus application on april 13 1977 but in the nature of things the proceedings were number closed.
it was also disclosed that criminal case number 304/77 under sections 342 323 324 read with section 34 ipc has been registered in the crime branch c.i.d.
mookherjee a. s. nambiar y. sivarainan nair and miss pushpa nambiar for the appellant.
after making an enquiry under section 340 1 companye of criminal procedure 1973.
was then the home minister of kerala on march 10 1976 after nine days of the arrest.
the point that is relevant is that shri warrier also saw and met the appellant shri karunakaran who.
niren de ram kumar mrs.
on march 25 1977 which was a friday shri warrier filed in the high companyrt the habeas companypus application for production of his son impleading the home secretary kerala the inspector general of police kerala and the deputy inspector general of police crime branch kerala as the first three respondents.
his son rajan who was a final year student in the regional engineering companylege calicut was a resident of the companylege hostel.
at the time of granting special leave this companyrt ordered for impleading the state of kerala and the state is represented before us by its advocate general who adopts the arguments of the appellants companynsel mr.
there was also a written representation by shri warrier to the home minister government of india on august 24 1976 with companyy to all members of parliament from kerala.
however the principal of the engineering companylege who had informed shri warrier about rajans arrest was also examined as a witness.
sumithra banerjee m. k. d. nam boodiry and dr.
shri warrier as well as most of the deponents of the affidavits offered themselves for cross examination and although some of them were cross examined the additional advocate general declined to cross examine shri warrier.
along with it affidavits of 12 persons were also filed in support of his case that rajan bad been taken into police custody on march 1 1976.
