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Kochi: The Kerala High Court on Monday allowed an application seeking to amend the habeas corpus petition filed in connection with Suraj Lama, an Indian citizen who was found dead after going missing upon his arrival in Kochi from Kuwait.

A division bench comprising Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian permitted the amendment sought by Lama's son and directed the respondents to file counter-affidavits.

In the application, the petitioner alleged that negligence on the part of state authorities led to Lama's death and sought compensation for the violation of his fundamental rights. The court had earlier sought reports from immigration and police authorities regarding lapses in the investigation into Lama's disappearance.

Lama had been deported from Kuwait to Kochi following official orders. The petition states that despite appearing to be in a vulnerable condition, possibly suffering from cognitive or mental health issues, he was allowed to leave the airport without assistance after being cleared by immigration and other authorities.

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The court had earlier raised concerns over the handling of deportees and asked whether any protocol was in place. Subsequently, a body found at Kalamassery was confirmed through forensic examination to be that of Lama.

According to the application, official records indicate systemic lapses by authorities, including failure to follow safeguards under the Mental Healthcare Act while dealing with a person showing signs of mental distress.

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The plea also alleges that officials at Government Medical College Hospital, Kalamassery, failed to provide timely medical care after Lama was brought to the hospital in a government ambulance despite indications that he required urgent attention.

The post-mortem report did not specify the exact date of death, stating only that it could have occurred between one and two months prior to the autopsy conducted on December 1, 2025. CCTV footage reportedly showed Lama last seen on the hospital premises on October 10, 2025, before being escorted out by another individual.

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The petitioner further alleged that the police registered the relevant case belatedly and failed to identify him as the person earlier reported missing. The plea argues that the alleged negligence by authorities ultimately resulted in the loss of life and that the state is liable to compensate the family for the violation of Lama's fundamental rights.

The court has now directed the respondents to file their counter-affidavits.
(With LiveLaw inputs)

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