Case Note & Summary
The Madurai Bench of Madras High Court on 21.04.2025 dealt with a Habeas Corpus Petition filed by G.Sasikala, the mother of the detenue, under Article 226 of the Constitution of India. The petitioner sought a direction to the respondents, namely the Commissioner of Police, Madurai City, the Inspector of Police, Sellur Police Station, and one Muthaiah, to produce the body or corpus of her daughter Vaishnavi, daughter of Ganesan, aged about 19 years, before the court and set her at liberty. The petition alleged illegal detention of the daughter. When the matter was taken up for hearing, the detenue appeared before the court. She reported that she had on her own left the home and married the third respondent. It was also stated that an earlier complaint given to the Tallakulam All Women Police Station had been enquired and closed, and that the present habeas corpus petition was filed suppressing that fact. The court indicated that it was about to dismiss the habeas corpus petition. At that stage, the learned counsel for the petitioner submitted that he wanted to withdraw the habeas corpus petition. Considering that request, the court dismissed the habeas corpus petition as withdrawn. The order was passed by Dr. Justice G. Jayachandran and Justice R. Poornima. No substantive determination on the legality of the detention was made beyond noting the detenue's voluntary statement and the withdrawal. The legal principle that emerges is that habeas corpus cannot be used to challenge a voluntary act of a major detenue, especially when material facts have been suppressed and the detenue confirms her voluntary departure and marriage.
Headnote
A) Constitutional Law - Habeas Corpus - Article 226 Constitution of India, 1950 - Withdrawal of Petition After Detenue's Voluntary Statement - The habeas corpus petition was filed by the mother of the detenue alleging illegal detention. When the matter was taken up, the detenue appeared before the court and reported that she left home on her own and married the third respondent, and it was stated that an earlier complaint to Tallakulam All Women Police Station was enquired and closed. Suppressing that fact, the present petition was filed; when the court was about to dismiss the petition, the petitioner's counsel sought withdrawal. Held that the habeas corpus petition is dismissed as withdrawn (Paras 3-4).
Issue of Consideration
Whether the habeas corpus petition filed under Article 226 of the Constitution of India should be entertained when the detenue appears before the court and states that she left home voluntarily and married the third respondent, and whether the petition can be dismissed as withdrawn.
Final Decision
The Habeas Corpus Petition was dismissed as withdrawn, considering the request of the petitioner's counsel.
Law Points
- Habeas corpus provides a remedy to secure the liberty of a person alleged to be illegally detained
- but when the detenue appears before the court and states that she left home voluntarily and married
- the petition becomes liable to be dismissed
- a petitioner may withdraw the petition with the court's permission.
