Sudipta Kumar Sahoo @ Gulu @ Sudipta Sahoo v. State of Odisha
Writ Petition (Criminal) – habeas corpus
Case brief
What is this about?
Orissa High Court, Cuttack – WPCRL No.109 of 2024, order dated 05.11.2024 (Arindam Sinha and M.S. Sahoo, JJ.). Father's habeas corpus writ petition for production of minor daughters said to be in wrongful confinement in Baladevjew Seva Ashram (opposite party no. 7, Sri Dusmanta Das); CWC custody background (petitioner absconding); elder daughter produced in Court expressed wish to continue in the Ashram; Court held facts do not show illegal confinement, petitioner has no cause of action; writ petition disposed of. Keywords: habeas corpus, wrongful confinement, illegal confinement, minor, custody, natural guardian, Child Welfare Committee (CWC), girl's wish, Ashram.
What did the court decide?
The Court's extraordinary power can be invoked only if it is satisfied that there is illegal confinement (as recorded in the Court's earlier order dated 3rd October, 2024).