NGO head warned for abusing process of court

The High Court of Karnataka has cautioned the president of a NGO for dragging a senior citizen couple to the court on the family’s close to home issue by asserting that couple’s little girl was under “unlawful confinement” in a rehabilitation centre.

Nazneen Khanum, president of Sarvodaya Ladies Forum, had documented a habeas corpus appeal looking for a bearing from the court to Nandini Layout police to deliver one Kamala (name changed to protect the identity), claiming that she was under “unlawful detainment”.

On receipt of reports from the police and the rehabilitation centre, the court found that Kamala was taking treatment at Spandana Health Care.

The court, from the records kept up by the doctor’s facility, saw that Kamala had ill-mannered conduct, decreased sleep, was spending more than 10 to 12 hours a day on long range social networking, was included in impromptu unconstrained association with other men, and was not dealing with her kid, and so on., and that she had been “experiencing bipolar confusion”.

In the interim, Mahesh R., who is treating Kamala, went to the court and said that she required treatment for some additional time as she was not reacting to the treatment now.

Likewise, Kamala’s 67-year-old father and 63-year-old mother told the court that they were dealing with their little girl appropriately.

Tailing this, a Division Bench including Justice Mohan M. Shantanagoudar and Justice Budihal R.B. said the “candidate has abused/mishandled the procedure of the court by recording the appeal, since she is unconcerned to the asserted detenu [Kamala] and also her guardians [the senior native couple].”

Court’s observation

Passing by the pattern of the arguments made by the petitioner’s advocates, the court observed that “we by all appearances feel that the outsider is included in the case and he/she needs to manhandle the procedure of the court through the solicitor”.

The Bench, while coordinating the candidate not to indulge such attempt in future after she submitted an “unconditional apology” and pulled back the appeal, additionally said that it doesn’t discover any ground to presume that Kamala is in illegal detention of anybody.

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