Kerala High Court orders SIT probe into disappearance of Bengaluru man deported from Kuwait

The Kerala High Court on Saturday directed the Commissioner of Police of Kochi to constitute a Special Investigation Team (SIT) to probe the alleged disappearance of a Bengaluru man who went missing from Ernakulam after being deported from Kuwait earlier this month [Santon Lama v State of Kerala & ors]

The Division Bench of Justice Devan Ramachandran and Justice MB Snehalatha directed that the Special Investigation Team (SIT) shall be headed by an officer not below the rank of Deputy Commissioner of Police (DCP).

"We direct the 4th respondent, Commissioner of Police, to take over the investigation and constitute a Special Investigating Team to be headed by an officer not below the rank of Deputy Commissioner of Police. The necessary details and proceedings in this regard shall be made available to us on the next posting date... Post next Wednesday," the Court ordered.

The Court had a working day today (Saturday) to compensate for the loss of an unscheduled holiday on October 3.

Earlier, the Court had directed the Union Home Ministry to investigate how the missing man, deported from Kuwait, had landed at the Cochin International Airport (CIAL) instead of Bengaluru, where he resides.

Today's order was passed on a habeas corpus plea filed by Santon Lama, the son of missing person Suraj Lama.

According to the plea, Suraj Lama was hospitalised in Kuwait in August after suffering from alcohol poisoning, which caused acute toxic leukoencephalopathy - a condition resulting in memory loss and partial speech impairment.

He was later deported from Kuwait and arrived in Kochi on October 5. The Court was told that despite being disoriented, he somehow managed to exit the airport after immigration clearance. He was later spotted at Aluva Metro station.

On October 8, Thrikkakara Police is stated to have taken him into custody after local residents found him lying in front of a house at Anaswara Lane.

He was subsequently transported by an ambulance to the Government Medical College Hospital at Kalamassery but CCTV footage later showed him walking out of the casualty ward unaccompanied on October 10. Since then, he has remained untraced.

The petition highlighted that despite a missing person case being registered at the Nedumbassery Police Station, authorities failed to trace Suraj Lama. It alleged gross negligence by both Thrikkakara Police and hospital authorities.

"Disappearance of Mr. Suraj Lama after having been in the custody of police authorities (Ext P7) amounts to a serious violation of his fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The police having taken custody of the missing person, were under a statutory and constitutional duty to ensure his safety and produce him before competent medical and judicial authorities," the plea argued.

Santon Lama had also approached the Kerala State Legal Services Authority (KeLSA), which helped him in submitting a representation to the Commissioner of Police on October 18.

Advocates A Parvathi Menon and Sanjay appeared for the petitioner.

Advocate S Krishna appeared for the Union Government.

[Read Live Coverage]