Rajasthan High Court Dismisses Habeas Corpus Petition in Missing Person Case
Court Emphasizes Legal Requirement of Illegal Detention for Habeas Corpus Petitions
In a significant ruling, the Rajasthan High Court dismissed a habeas corpus petition filed by Smt. Babita, seeking the production of her missing brother, a CRPF constable. The division bench, comprising Justices Avneesh Jhingan and Baljinder Singh Sandhu, delivered the judgment, underscoring that a habeas corpus petition is not maintainable in cases of missing persons unless there is prima facie evidence of illegal detention.
The court highlighted that the legal framework for habeas corpus petitions requires allegations or evidence of illegal detention. In this case, there was no indication that the petitioner's brother was unlawfully detained, as he was reportedly seen freely moving at locations in New Delhi and Tirupati. The CRPF had declared him an absconder, and arrest warrants had been issued.
The petition was primarily filed due to dissatisfaction with the investigation of the Missing Person Report (MPR) filed by the petitioner. However, the court reiterated that grievances regarding investigation procedures should be addressed under the Code of Criminal Procedure, specifically under Section 156(3), which allows a Magistrate to supervise and ensure proper investigation.
Citing precedents from the Supreme Court and various High Courts, the bench emphasized that the writ of habeas corpus is a procedural remedy intended to secure the liberty of individuals unlawfully detained. The judgment also referenced the Supreme Court's decision in Sakiri Vasu v. State of U.P., which delineates the Magistrate's role in supervising investigations when grievances arise.
The court concluded by affirming that the extraordinary jurisdiction of habeas corpus cannot be invoked for tracing missing persons, as such matters fall under regular criminal law provisions. The petition was thereby dismissed, with the court advising the petitioner to seek alternative legal remedies available under criminal procedural laws.
Bottom Line:
Habeas Corpus - A writ petition in the nature of habeas corpus cannot be maintained for a missing person unless there is a prima facie case of illegal detention. The proper remedy for grievances regarding investigation lies under the provisions of the Code of Criminal Procedure.
Statutory provision(s): Article 226 of the Constitution of India, Code of Criminal Procedure, 1973 - Section 156(3)
Smt. Babita v. State of Rajasthan, (Rajasthan)(Jaipur Bench)(DB) : Law Finder Doc Id # 2793559
