Case Note & Summary
The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before the Karnataka High Court, Dharwad Bench, seeking production of her missing female baby born on 09.11.2016. She alleged that the baby was missing and that the respondents, including state authorities and private individuals, were responsible for her disappearance. The petitioner claimed that a birth certificate dated 14.11.2016 was issued by respondent No.9 (Kathare Nursing Home). The respondents, represented by the Government Advocate and private counsel, denied any illegal detention. The court, after hearing the parties, found that the petitioner had not produced any evidence to show that the baby was in the custody of any respondent or that she was illegally detained. The police had registered a missing complaint and were investigating the matter. The court held that a writ of habeas corpus is not maintainable when the alleged detenu is not shown to be in illegal detention. Accordingly, the petition was dismissed.
Headnote
A) Constitutional Law - Habeas Corpus - Illegal Detention - Articles 226 and 227 of the Constitution of India - The petitioner sought a writ of habeas corpus for production of her missing female baby born on 09.11.2016, alleging that the respondents were responsible for her disappearance. The court held that habeas corpus lies only when a person is illegally detained, and since the baby was not in the custody of any respondent, the petition was not maintainable. (Paras 1-5) B) Evidence - Burden of Proof - Missing Person - The petitioner failed to produce any evidence to show that the baby was in the custody of the respondents or that she was illegally detained. The court observed that the police had registered a missing complaint and were investigating, but no illegal detention was established. (Paras 2-4)
Issue of Consideration
Whether the petition for a writ of habeas corpus is maintainable when the alleged missing female baby is not shown to be in illegal detention of the respondents.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Habeas Corpus
- Illegal Detention
- Missing Person
- Writ Jurisdiction
- Burden of Proof
