'Left Alone To Endure An Unspeakable Destiny': Kerala High Court Flags Systemic Failure In Handling Of Deported Indian Citizen

A Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha, while considering a habeas corpus petition filed by the son of the missing person observed that the manner in which the authorities handled the situation shows a 'complete breakdown of system'.

The observations were made while examining the report filed by the Deputy Superintendent of Police, Aluva, heading a Special Investigation Team (SIT) appointed by the Court along with a memo from the Government Pleader dated 12 December 2025.

“The contents of the said report can be read by any reasonable person only with tears in eyes.” the Court remarked.

According to the SIT report, the alleged detenue was deported from Kuwait and sent to Kochi pursuant to official orders. However, despite his visibly vulnerable condition, described as involving possible cognitive and other impairments, he was cleared by all authorities, including immigration and airport security, and allowed to leave the airport without assistance.

The Court noted with concern that the man, once deported to his home country, was effectively abandoned.

“He was taken into custody and deported to his nation but he was virtually left alone to finally endure a destiny which is horrible and unspeakable,” the Bench observed.

According to the report, alleged detenue is said to have wandered from place to place, rebuked by people, forced to live in extremely unhygienic conditions, including on the sides of streets, and reduced to a state far removed from any notion of a dignified existence. Well-meaning citizens are reported to have offered him occasional help, apparently mistaking him for a vagrant or street dweller.

“The fact that the alleged detenue has lived a very dignified life in the past with a family of his own at Bangalore but literally left without any support into the society, even when suffering from obvious impairment, both cognitive and otherwise, makes us very concerned. The alleged detenu is a citizen of India, he was taken into custody and deported to his nation but he was virtually left alone to finally endure a destiny which is horrible and unspeakable.” Court observed.

The Court also took note of critical timelines. The wife of the alleged detenue had filed a missing complaint as early as 8 October 2025. Despite this, he was reportedly seen by several citizens three or four days thereafter. At one point, police officers found him loitering and, noticing his poor health, sent him to the Kalamaserry Medical College Hospital. But he was discharged and sent away on the ground that he did not suffer from any apparent medical issues.

“These facts prima facie point to a complete breakdown of the system that we had set for the benefit of our citizens, particularly, those who want assistance under the Constitutional scheme. Our country isa republic where every citizen is a sovereign and primary facie we cannot condone what has happened to the alleged detenue.” the Court observed.

Senior Advocate S. Sreekumar, appearing for the Cochin International Airport Limited (CIAL) submitted that the authorities had acted strictly in accordance with prescribed protocols in allowing the alleged detenue to leave the airport. The Court, however, clarified that it was not expressing any final view on this contention at this stage, as detailed statements from the airport authority need to be examined.

Despite the grim circumstances, the Bench stated that it continues to consider the writ petition “under the fond hope that the alleged detenue is alive somewhere.” To assist the Court, Advocate Ramkumar Nambiar has been requested to act as amicus curiae.

The Court acknowledged the indescribable suffering of the family, observing that no son, daughter, or wife could endure such an ordeal in silence. It assured that “no stone will be unturned” to ensure justice, as promised under the Constitution.

“The fate of the family suffering the ordeal surely is indescribable. To think that the alleged detenue was sent safely from Kuwait to India to then meet his destiny as we now suspect is something that no son or daughter or wife can ever suffer in silence. Their protest in this matter certainly therefore is worth the necessary attention, from all angles including by this Court.” Court noted.

The Court adjourned the matter to January 6 for further consideration.

Case Title: Santon Lama v State of Kerala

Case No: WP(Crl.) 1421/ 2025

Counsel for Petitioner: Parvathi Menon