Mrs. Ayesha Mariam v. State Rep by
Madras High Court – H.C.P.No.587 of 2025 (decided 27.03.2025)
Case brief
What is this about?
Habeas Corpus Petition dismissed; no averment of illegal or unlawful custody in affidavit; missing person Mohammed Rafi (son of Jamal Mohammed, aged 55); mere assumptions of killing by money lenders or arrest and jail confinement insufficient cause of action; Article 226 Constitution of India; writ of habeas corpus; maintainability/sustainability of prayer; Madras High Court; M.S. Ramesh J and N. Senthilkumar J; 27.03.2025; H.C.P.No.587 of 2025; Ayesha Mariam; Saidapet Police Station; Commissioner of Police Chennai City.
What did the court decide?
In the affidavit filed in support of the petition there are no averments that the petitioner's husband is under the illegal or unlawful custody of any third person; mere assumptions that he may have been killed by the money lenders or could have been arrested and confined in jail do not give rise to a cause of action invoking Article 226 of the Constitution of India for issuance of a writ of habeas corpus.