*4-FEB-2012*

*S. Shyam Prasad*

*Woman argues her own case challenging affidavits by relatives that she was
mentally ill.
HC issues notices to her kin and other top cops accused of conspiracy.*
[image:
2012020420120204020932422e9934332_20120203203450225393de88e_pic_original.jpg]

*BANGALORE* : On Thursday, L J Malathi, a 40-year-old who takes tuitions
for a living, argued her own case as party-in-person before Justice N
Ananda in the High Court. Impressive, one might say. But what made it more
noteworthy was the fact that she was questioning the veracity of affidavits
by her relatives dubbing her mentally ill. After her solo stand, there
could have been little doubt about what the judge or others present in the
court thought of the affidavits.

Malathi told the High Court that she had filed a private complaint in the
XI ACMM court on April 18, 2011 against her sister Usha, her sister's
husband Nityananda, two relatives, and the DG&IG and city police
commissioner. She had alleged that her relatives had kidnapped her son
Sandeep in 2007 and the top cops were helping the accused. The lower court
had directed the police to investigate the matter. On June 9, the inspector
of the Banaswadi police station filed an FIR but did not file a final
report even after six months.

Though warrants were issued, her relatives managed to get anticipatory
bail. Malathi told the High Court they had filed false affidavits about her
mental condition and her application for cancellation of their bail was
rejected on that ground by the lower court. She said the relatives called
her to the Banaswadi police station in August last year and forced her to
withdraw her case in the lower court. She complained to the DG&IG and the
police commissioner against the Banaswadi police and the ACP (K R Puram)
after the incident.

Malathi said the lower court did not check any medical certificates and
instead relied on the affidavits to conclude that she was mentally ill. She
has accused the police of helping the accused by falsely stating that at
the time of her son's kidnapping in 2007, he was 21 years old instead of
16. She said her son was kept in a slum by her relatives and came back to
her a day after she filed a writ petition in the High Court in February.

Malathi told Bangalore Mirror that her son, whom she wanted to send to
college, had been turned into a labourer by her relatives.

She told the High Court that she came to Bangalore in 1990 from
Chikmagalur. She fell in love with and married Mukther Ahmed, from whom she
has two sons. Ahmed died in 2002. Malathi said both their families were
against the inter-religious marriage and she had faced harassment from her
family on the issue.

After her husband's death, her family members took Sandeep away. She filed
a habeas corpus petition in 2007 in the HC, which granted custody of the
child to her. She filed another habeas corpus petition in 2008 after he was
taken away a second time. The same year, he was taken away again by the
relatives, and she filed a private complaint in the magistrate's court.

The High Court has issued notices to the DG&IG, the city police
commissioner, the DCP (East), the ACP (K R Puram), the Banaswadi police and
six of her relatives, and has posted the matter for hearing on February 29.

http://www.bangaloremirror.com/index.aspx?page=article§id=1&contentid=2012020420120204020932422e9934332

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