'Shocking; Can Happen To Anyone': Kerala High Court Questions Police, Airport Authorities Over Disappearance Of Deportee From Kuwait
“Even when our citizens are in jail [abroad], we are creating a lot of interest, and rightfully so. But the moment you step into India, their value is gone,” the Court remarked.
The Kerala High Court on Wednesday expressed concern over the disappearance of Suraj Lama, an Indian citizen who was reportedly deported from Kuwait and subsequently went missing after arriving in Kochi and observed that protection of a citizen is the constitutional obligation.
The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha while hearing the habeas corpus plea filed by the missing man's son remarked that the situation was shocking noting that a citizen who arrived in India safely after deportation had subsequently gone missing, with current reports suggesting he may be dead.
A body had been recovered from Kalamassery and the scientific tests and DNA profiling is being conducted to confirm whether the body belonged to the alleged detenue/missing man.
“We are concerned as citizens and not as judges. This can happen to any citizen,” the Bench said.
The Bench raised questions regarding the conduct of authorities, particularly the police and airport officials. The Court stressed that under the Mental Health Act, law enforcement has a responsibility to take into protective custody any person found roaming the streets in a vulnerable state.
“When a person is seen roaming the streets we must take him to protective custody. The Mental Health Act is for that purpose. There are responsibilities given to SHO's, to the police, everybody. Now what has happened here. One person is roaming the streets, we don't care. They are taking it for granted. Not in this bench, we are telling you very clearly, tell your officers also, the airport will have to give us a real cogent explanation now. As we say every time this case is taken. We are still hopeful that this man is alive.” the Court observed.
The Court has previously sought for the details regarding the protocols to be followed by the authorities when a citizen is deported back to the country.
Underscoring the gravity of the matter, the Court added, “For us, this is extremely shocking. We can't take this lightly because every citizen for us is invaluable and we lost a life. Everybody is answerable,”
Counsel for the petitioner supported the Court's concerns, pointing out that despite the registration of a missing-person FIR, the man had come into contact with police twice before reaching the Kalamassery Medical College Hospital.
The Court added that every citizen has to be treated like a sovereign, calling the Indian Constitution the finest, most organic constitution in the world.
The Court questioned why Indian citizens are treated as valuable diplomatic assets abroad but lose that value upon their return.
“Even when our citizens are in jail [abroad], we are creating a lot of interest, and rightfully so. But the moment you step into India their value is gone,” the Court remarked.
The matter is posted tomorrow to consider reports from the Superintendent of Medical College and Director General of Police.
Case No: WP (Crl) No. 1421/2025
Case Title: Santon Lama v. State of Kerala and Ors.
Counsel for Petitioner: Parvathi Menon