Madras High Court Denies Habeas Corpus Petitions for Missing Persons
Court emphasizes the need for strong suspicion of illegal detention, directs police to follow established guidelines in investigations.
In a significant ruling, the Madras High Court's Madurai Bench has dismissed two Habeas Corpus Petitions concerning missing persons, underscoring the necessity for a prima facie case or strong suspicion of illegal detention to invoke the extraordinary jurisdiction of the court under Article 226 of the Constitution of India. The petitions were filed by Raja Lakshmi seeking the production of her husband, a 45-year-old auto driver, and a petitioner seeking the production of an 18-year-old college student. The court, comprising Justices A.D. Jagadish Chandira and R. Poornima, found that neither case demonstrated the essential elements of illegal detention.
The petitions revealed that the individuals in question had left their homes voluntarily. In the first case, the petitioner alleged that her husband, an alcoholic who often quarreled with his family, left home stating he would not return. In the second case, the missing college student reportedly eloped with a former school teacher. The court noted that the affidavits lacked any contention or suspicion of illegal detention, thereby failing to meet the criteria for Habeas Corpus relief.
The judgment highlighted the established jurisprudence that Habeas Corpus petitions are not maintainable for missing person cases unless there is evidence suggesting unlawful detention. The court referred to prior rulings that have consistently maintained that such petitions should be reserved for instances where unlawful detention is evident or strongly suspected. The judges reiterated that missing persons cases are to be handled under regular criminal investigation procedures as outlined by the Indian Penal Code and the Code of Criminal Procedure.
Furthermore, the judgment expressed concern over the misuse of Habeas Corpus petitions for missing persons, which constitutes an abuse of the legal process. The court pointed out that the police are mandated to investigate missing persons cases thoroughly following guidelines issued by the Director General of Police. It criticized the filing of closure reports as "undetected" without exhaustive investigation, underscoring that the investigation must continue until a final report under Section 173(2) CrPC is filed.
The court directed the police to pursue ongoing investigations in the cases of the missing individuals and mandated that the investigations be monitored by the Assistant Commissioner of Police. It called for heightened awareness and adherence to procedural guidelines among police personnel to prevent the filing of unwarranted Habeas Corpus petitions. The decision serves as a reminder of the importance of maintaining the integrity of the judicial process and ensuring that the extraordinary remedy of Habeas Corpus is reserved for its rightful purpose-addressing illegal detentions.
Bottom Line:
Habeas Corpus Petitions filed for missing persons cannot be entertained unless there is a prima facie case or strong suspicion of illegal detention. "Man/Woman missing" cases fall under regular criminal investigation and are to be handled as per established guidelines and the provisions of the Code of Criminal Procedure.
Statutory provision(s): Article 226 of the Constitution of India, Indian Penal Code, Code of Criminal Procedure, Section 173(2) CrPC
Raja Lakshmi v. State of Tamil Nadu, (Madras)(Madurai Bench)(DB) : Law Finder Doc Id # 2791642
