Case Note & Summary
The petitioner, Smt. Basamma S. Helvar, filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus directing the respondents to produce her son, Sharath Bheemanna Heggandoddi, before the court and set him at liberty. The petition was heard by a Division Bench of the Karnataka High Court at Bengaluru on 9th July 2020 via video conference. The learned SPP-II filed a memo stating that the missing person had been traced by the Inspector of Police, Rajagopal Nagar Police Station, on 24th June 2020, and after taking his statement, he was sent along with his mother. The petitioner's counsel confirmed the correctness of the memo and pointed out that the missing person was present with his mother during the video conferencing. Consequently, the court held that nothing survived in the petition and disposed it of as infructuous.
Headnote
A) Constitutional Law - Habeas Corpus - Writ of Habeas Corpus - Infructuous Petition - The petitioner sought production of her missing son, who was traced by police and handed over to her - The court held that nothing survives in the petition and disposed it as infructuous (Paras 1-3).
Issue of Consideration
Whether the writ of habeas corpus survives when the missing person has been traced and is no longer in illegal custody.
Final Decision
The petition is disposed of as nothing survives.
Law Points
- Habeas Corpus
- Writ of Habeas Corpus
- Infructuous Petition
- Missing Person Traced
Case Details
2020 LawText (KAR) (07) 145
Writ Petition (HC) No.38/2020
Abhay S. Oka, Chief Justice, M. Nagaprasanna, Justice
Sri Chandrashekar Rodnavar (for petitioner), Sri V.S. Hegde, SPP-II (for respondents)
State of Karnataka, The Commissioner of Police, Bengaluru City, The Station House Officer, Rajagopal Nagar Police Station
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Nature of Litigation
Habeas Corpus petition for production of missing son
Remedy Sought
Petitioner sought a writ of habeas corpus directing respondents to produce her son before the court and set him at liberty
Filing Reason
Petitioner's son was missing and allegedly in illegal custody
Issues
Whether the writ of habeas corpus survives when the missing person has been traced and is no longer in illegal custody
Submissions/Arguments
Respondents filed a memo stating that the missing person was traced and handed over to his mother
Petitioner's counsel confirmed the memo and stated that the missing person was present with his mother during video conferencing
Ratio Decidendi
A writ of habeas corpus becomes infructuous when the person alleged to be in illegal custody is traced and is no longer in custody, as the purpose of the writ is fulfilled.
Judgment Excerpts
The learned SPP-II has filed a memo stating that Mr. Sharath, the missing person subject matter of this writ petition has been traced by the Inspector of Police, Rajagopal Nagar Police Station, on 24th June, 2020 and after taking his statement, he has been sent along with his mother.
Hence, nothing survives in this petition and the same is disposed of.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus. The respondents filed a memo stating that the missing person was traced on 24th June 2020 and handed over to his mother. The petitioner's counsel confirmed the memo. The court disposed of the petition as infructuous.
Acts & Sections
- Constitution of India: Article 226
