Case Note & Summary
The petitioner, Sudharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents (State of Karnataka, Superintendent of Police, and Police Sub-Inspector) to trace her husband, who had been missing since August 1, 2013. She had filed a complaint with the police on August 7, 2013, but the police had not traced him. The police filed an affidavit detailing their efforts to trace the missing person. The Additional State Public Prosecutor argued that a writ of habeas corpus is not maintainable because there was no allegation that the husband was wrongfully detained by the police or any other person. The court agreed, relying on its earlier judgment in S.K. Naik v. The Police Sub-Inspector (WPHC No.194/2012), and dismissed the petition, holding that the remedy for tracing a missing person is not through habeas corpus but through other appropriate proceedings.
Headnote
A) Constitutional Law - Habeas Corpus - Maintainability - Writ of habeas corpus is not maintainable for tracing a missing person in the absence of any allegation of illegal detention by the police or any other person - The court held that the remedy for tracing a missing person lies elsewhere, not through habeas corpus (Paras 1-4).
Issue of Consideration
Whether a writ of habeas corpus can be issued to trace a missing person when there is no allegation of illegal detention.
Final Decision
Writ petition dismissed as not maintainable.
Law Points
- Habeas corpus
- maintainability
- missing person
- illegal detention
- writ jurisdiction
Case Details
2014 LawText (KAR) (03) 68
A.P. Jahagirdar (for petitioner), Sanjay A. Patil (Addl. SPP for respondents)
Sudharani W/O Basavaraj Kalla
The State of Karnataka, The Superintendent of Police, Gulbarga, The Police Sub-Inspector, Kalgi Police Station
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Nature of Litigation
Writ petition seeking habeas corpus for tracing a missing husband.
Remedy Sought
Direction to respondents to trace and produce the petitioner's missing husband before the court.
Filing Reason
Petitioner's husband missing since August 1, 2013; police complaint filed on August 7, 2013 but not traced.
Previous Decisions
Police filed an affidavit dated 18.03.2014 stating efforts made and further efforts to be made.
Issues
Whether a writ of habeas corpus is maintainable for tracing a missing person without allegation of illegal detention.
Submissions/Arguments
Petitioner: Husband missing since 01.08.2013, police not tracing him despite complaint.
Respondents: Habeas corpus not maintainable as no illegal detention alleged; rely on S.K. Naik v. Police Sub-Inspector.
Ratio Decidendi
A writ of habeas corpus is not maintainable for tracing a missing person in the absence of any allegation of illegal detention by the police or any other person.
Judgment Excerpts
In this writ petition, the petitioner has sought for a writ of habeas corpus to the respondents to trace her missing husband (aged 45 years) and to produce him before this Court.
Learned Additional State Public Prosecutor appearing for the respondents submits that, on the facts of the present case, no writ of habeas corpus could be issued to the respondents as it is not the petitioner’s case that her husband has been detained wrongfully by the police or any other person.
In view of the above, I find no merit in this petition. Accordingly, the petition is dismissed.
Procedural History
Petitioner filed WPHC No.200005/2014 on an unspecified date; police filed affidavit on 18.03.2014; preliminary hearing on 26.03.2014; petition dismissed.
Acts & Sections
- Constitution of India: Articles 226, 227
