This D.B. order disposed of a Habeas Corpus petition filed for the production of the petitioner's wife, a missing person. The court held that habeas corpus is not a remedy for missing persons cases without allegations of illegal detention.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 314/2022
Pintu Saini S/o Shri Kishore Kumar Saini, Aged About 23 Years, R/o Ward No. 2, Dhani Jhadiwala Ki, Gram Pahadila, Tehsil Navalgarh, District Jhunjhunu (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Arvind Kumar For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG with Mr. N.S. Gurjar, AGA
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Order
12/10/2022
(2 of 2)
[HC-314/2022]
under:-
“Thus, the constitutional Courts across the country predominantly held in catena of judgments that establishing a ground of "illegal detention"and a strong suspicion about any such "illegal detention" is a condition precedent for moving a Habeas Corpus petition and the Constitutional Courts shall not entertain a Habeas Corpus petition, where there is no allegation of "illegal detention" or suspicion about any such "illegal detention". Cases of missing persons cannot be brought under the provision of the Habeas Corpus petition. Cases of missing persons are to be registered under the regular provisions of the Indian Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Codeof Criminal Procedure. Such cases are to be dealt as regular cases by the competent Court of Law and the extraordinary jurisdiction of the Constitutional Courts cannot be invoked for the purpose of dealing with such cases of missing persons.”
(SAMEER JAIN),J
(PANKAJ BHANDARI),J
AMIT/71
2 issues framed by the court
Whether a habeas corpus petition lies in cases of missing persons where there is no allegation of illegal detention.
Whether the High Court should entertain a petition for production of a missing person's wife without specific allegations of confinement.
Colour shows how this judgement treated each authority
Smt. Jaymati Sahu Vs.State of Chattisgarh and Ors.Distinguished¶21
Smt. Jaymati Sahu Vs.State of Chattisgarh and Ors.
Pintu Saini
State Of Rajasthan
Director General Of Police, Rajasthan
Additional Director General Of Police, Anti Human Trafficking Unit
Superintendent Of Police, District Jhunjhunu
Station House Officer, Police Station Udaipurwati
Pankaj Bhandari
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
