Police demand of ransom from parents: Kerala High Court directs authorities to return daughters

The Kerala High Court on Monday ordered the State authorities to return to a Delhi couple, their two daughters who had been housed at a care home and prevented from returning home by police officers who had allegedly demanded a bribe of ₹5 lakh to release them. .Single judge Justice Devan Ramachandran passed the order on a matter taken up the Court suo motu after a lawyer practicing before the Court, brought to its notice, news reports on the plight of the family which was allegedly subjected to harassment by police officers who refused to release their daughters. When their alleged demands for ₹5 lakh went unmet, the police purportedly registered cases against the brothers of the girls claiming that they had molested the girls. However, the Court noted that in the report of the Kerala Legal Services Authority which was submitted in a sealed cover before the Court, the girls vehemently denied any such actions on the part of their brothers and expressed their desire to return home to their parents.Moreover, the brothers have been released on bail under the condition that they don't enter the district of Ernakulam where the girls' parents reside."As regards the victim girls are concerned, they are presently housed in a Care Home and the learned Sub Judge - Secretary of the DLSA, Thrissur, has unequivocally reported that they have expressed their intense desire to return to their parents. I see no reason to stop them, particularly because their brothers - even assuming that the allegations made against them are genuine - are presently under orders of bail, inhibiting their entry into the Ernakulam District. I am persuaded to the afore course with respect to the victim girls, because even as per 164 Statement, a copy of which has been produced before this Court in a sealed cover, there is not been a whisper of allegation against the parents; and in fact, it unambiguously states that the girls had not informed them of the alleged acts of their brothers," the order stated. .Therefore, the Court ordered the competent Authorities to ensure that the victim girls are returned to their parents' home immediately. It also directed the Protection Officer, acting under the provisions of the Protection of Children from Sexual Offences (POSCO) Act, to keep a vigil on them and ensure their welfare on a continuous basis..From a reading of the report submitted by Standing Counsel for KELSA, advocate Santhosh Mathew, the Court noted that one among the victim girls has said that she does not want to study further.In this regard, the Court directed that she be given proper counselling and support necessary to alleviate the distress caused to her over the course of these events. "The Protection Officer will either counsel them or cause a proper counselling in the presence of their parents, so that the shock of the incidents that happened in the past can be alleviated to the extent possible and they can be brought back into normal life, as may be practically feasible. This shall be done with the empathy it deserves and for such purpose, the KELSA will also offer their assistance, as and when it becomes necessary," the Court ordered..The Court did, however, pull up the Police, once again, as it found that the memo filed by Government Pleader EC Bineesh on the proceedings before the Commissioner of Police, Kochi, was lacking in several pertinent aspects. The said proceedings showed that a team of police officials led by Assistant Sub Inspector Inspector had gone to Delhi, which was totally financed by the parents of the victims.However, the Court observed that it did not provide any clarity as to: The allegations made by the parents of the victim girls that the Assistant Sub Inspector of Police had demanded a bribe of ₹5 lakhs and that when they refused to give it - having been financially unable to do so - the brothers of the victims were implicated.The action proposed against all the five officers, who availed the flight tickets from the family of the victims..This drew the ire of Justice Ramachandran who orally remarked, "This indicates complete breakdown of the law. There appears to be no accountability. No wonder the police are like this."Therefore, the Court directed the Commissioner of Police to file an Action Taken Report explaining the further steps taken with respect to the investigation against the erring police officers, particularly on the allegations of the family that they were forced to buy air tickets for them, to provide for the stay of the Officers at Delhi, and that a demand of ₹5 lakhs was made by the Assistant Sub Inspector of PoliceRead more about the previous hearing here.[Read Order]