Justice Bechu Kurian Thomas made the observation while hearing a plea filed by a woman alleging harassment by the police.

The petitioner submitted that her marriage was arranged without her consent and afterwards, she left the matrimonial home to continue her studies. Thereafter, since her father was also unsympathetic towards her wishes, she left the parental home.

Following this, her mother registered a complaint and she was being repeatedly harassed by the police, who compelled her to appear before the police station. Suspecting that it was an attempt her to compel her to return to her parental home against her wishes, she has approached the Court.

The government pleader, however, submitted that there is no harassment and the police contacted her only pursuant to her mother's complaint alleging that she was missing. It was also submitted that a crime has been registered under Section 57 of the Kerala Police Act, 2011.

“Identifying and obtaining details of the missing person is a part of the duty of the police, especially when an investigation has already commenced. Only after locating the person, can the police be able to file a final report. In such circumstances, this Court cannot identify any reason to assume that the police is harassing the petitioner. Notwithstanding the above, since the petitioner asserts that she…does not intend to go back to her parental home, she, being a major, is entitled to take decisions about her. Neither her parents nor the police can interfere with such freedom to decide,” the Court observed.

The Court, however, was of the opinion that the crime registered has to be brought to a logical conclusion and for that the petitioner must report before the SHO having jurisdiction in her place of residence to identify her existence and to record her desire.

It was added that the report in this regard must be made before the SHO of the police station where the crime was registered so that the investigation in the case can be completed and an appropriate report, in accordance with law, can be made.

The Court directed the petitioner to appear before the SHO concerned, who is to record her presences. It was made clear that the police cannot compel her to return home or to do anything against her wishes.

Counsel for the petitioner: V.A.Johnson (Varikkappallil)

Counsel for the respondents: Laya Mary Joseph – Government Pleader