This petitioner challenged non-production of her son via habeas corpus. Finding no illegal detention and noting the delay in filing, the court closed the petition but directed police inquiry.
Petition closed. Petitioner directed to cooperate with police. Police directed to complete inquiry within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2020
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR
H.C.P. No.553 of 2020
Thami Munnisa ... Petitioner
-vs-
1.The Commissioner of Police,
Greater Chennai Police,
Vepperi, Chennai.
2.The Inspector of Police,
Ambatur Police Station,
Ambattur, Chennai.
3.N.Sowmiya
4.Narasimmarow ... Respondents
Petition filed under Article 226 of the Constitution of
India praying to issue a writ of habeas corpus directing the
respondents to physically bring the body of the petitioner's son
Riyasudin, son of Mohammed Rafiq, aged about 30 years, before
this Court and set him at liberty.
For Petitioner .. Mr.K.P.S.Saravanakumar For Respondents .. Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 and R2 ORDER [Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner is the mother of the detenue. Stating that she is missing from the year 2014 - 05.06.2014 onwards, a complaint has been given on 21.09.2019. The petitioner suspects the role of respondents 3 and 4, who are none other than the wife and father-in-law of the detenue.
Page numbers
3.Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that the petitioner is not cooperating for the enquiry.
4.Learned counsel appearing for the petitioner submitted that the petitioner would cooperate for the enquiry.
SV(CO) CB(10/12/2020)
Page numbers
2 issues framed by the court
Whether a habeas corpus petition was maintainable in the absence of evidence of illegal detention.
Whether an inquiry into the missing person should be directed by the High Court.
1 provisions across 1 enactments
Thami Munnisa
The Commissioner of Police, Greater Chennai Police
The Inspector of Police, Ambatur Police Station
N.Sowmiya
Narasimmarow
M.M.SUNDRESH
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
