Kerala High Court raised questions on the functioning of officials and reprimanded them.
Kochi: The Kerala High Court on Wednesday expressed serious concern over the disappearance of Suraj Lama, an Indian citizen who went missing from Kochi Airport post his deportation from Kuwait.
The court underscored that the protection of every citizen is a constitutional obligation and sought detailed explanations from the police and airport authorities over the apparent lapses in handling the case.
A Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha made the observations while hearing a habeas corpus plea filed by the missing man’s son.
Describing the situation as “shocking”, the Bench noted that a citizen who returned safely to the country after deportation had subsequently disappeared, with current reports even suggesting that he may be dead.
The court was informed that a body had been recovered from Kalamassery and that scientific tests, including DNA profiling, were underway to determine whether it belonged to Suraj Lama.
“We are concerned as citizens and not merely as judges. This can happen to any citizen,” the Bench remarked, expressing deep anguish over the developments.
Raising serious questions over the conduct of the authorities, the court pointed to the responsibility cast on law enforcement under the Mental Health Act to take into protective custody any person found roaming the streets in a vulnerable condition.
“When a person is seen roaming the streets, we must take him into protective custody. The Mental Health Act is for that purpose. There are clear responsibilities given to the SHOs and the police,” the court said.
The Bench criticised what it described as an indifferent approach by the authorities, observing that a vulnerable individual was allegedly allowed to move around without care or protection.
The court also directed that a “real, cogent explanation” be provided by the airport authorities regarding how the deported citizen was handled upon arrival.
“As we say every time, this case is taken up, we are still hopeful that this man is alive,” the court added.
Emphasising the gravity of the issue, the Bench said, “For us, this is extremely shocking. We can’t take this lightly because every citizen is invaluable, and we have possibly 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 the police on two occasions before being shifted to the Kalamassery Medical College Hospital.
The case has been posted for further hearing on Thursday to consider reports from the Superintendent of Medical College and the State Police chief.
