Petitioner filed habeas corpus seeking release of her husband, allegedly illegally detained. Court noted detention period exceeded scope of writ since he was produced to Magistrate on 28.6.12. Petition closed without admitting false allegations.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE FOURTH DAY OF JULY, TWO THOUSAND AND TWELVE
PRESENT
THE HON'BLE SRI JUSTICE N.V.RAMANA AND
THE HON'BLE SRI JUSTICE P.DURGA PRASAD
WRIT PETITION NO. 19697 OF 2012
Between:
Smt. Eswari Bai
..... Petitioner
AND
The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others
..... Respondents
The Court made the following:
ORDER: (per the Hon’ble Sri Justice N.V. Ramana)
The production of the alleged detenu
K.Nagabhushan Naik, husband of the petitioner, by way of issuance of writ of habeas corpus, is sought in this writ petition.
The case of the petitioner herein is that on 26.6.2012 at night time, some people posing themselves as police personnel came to her husband and informed her that on the directions of the third respondent they are taking her husband to the police station and when she approached the police station, she was not allowed to see the alleged detenu. It is further stated that the alleged detenu works under a private builder and a real estate businessman, who has filed W.P. No. 19050 of 2012 against the third respondent and the same is pending. It is also stated that the police are subjecting the alleged detenu to third degree method, without there being any crime against him and since he is neither traced nor produced before concerned Magistrate, the present writ of habeas corpus is filed.
The third respondent herein has failed a detailed counter affidavit, wherein it is stated that the alleged detenu is an associate of a rowdy sheeter and on the information that he is creating law and order problems in Hindupur town limits, he was arrested as a preventive measure on 28.6.2012 at 3.30 p.m. and he has confessed to have participated in three criminal cases viz., Cr. No.127 of 2008 and Cr. No. 56 of 2011, both registered by Hindupur Town I Police Station and Cr. No.42 of 2011 of PS Town II Police Station, Hindupur. It is further stated that the details of the cases are incorporated in the police proceedings and a case in Cr. No. 60 of 2012 under Sec. 107 Cr. P.C. was registered at Town I Hindupur Police Station and apprehending the possibility of his indulgence in violent acts, the Station House Officer, Town-I Police Station, laid information under Sec.107 Cr.P.C. before the Mandal Executive Magistrate, Hindupur and also
produced the alleged detenu before him, who released him on the same day after obtaining a bail bond for Rs.5,000/- and be of good behaviour for a period of six months in M.C. No. 78 of 2012(B) dated 29.6.2012 and, thereafter, the alleged detenu is moving freely. The other allegations made in the writ affidavit are denied.
While contending that the alleged detenu was arrested on 26.6.2012 itself and was illegally confined and subjected to third degree treatment as a result of which he sustained injuries, learned counsel for the petitioner submits that the petitioner intends to lodge a complaint before the Human Right Commission for appropriate action against the respondents for the violation of his rights.
Be it noted that the scope of the writ of habeas corpus is limited. As the alleged detenu is said to have been arrested on 28.6.2012 and produced before the Mandal Executive Magistrate, Hindupur, who after binding him over released him, no direction can be issued in the present writ petition. However, in the facts and the circumstances, the petitioner is at liberty to avail the remedies open to him under law with regard to the alleged illegal detention, if any, of the detenu by the police.
With this observation, the writ petition is closed. No order as to costs.
Justice N.V. Ramana
___________________ Justice P.Durga Prasad
July 04, 2012 Copy by tomorrow //BO// MAS.
1 issue framed by the court
Whether the scope of writ of habeas corpus extends to an alleged detenu who was arrested and produced before a Magistrate on the 28th day after the making of the present petition.
Smt. Eswari Bai
The Government of Andhra Pradesh
N.V. Ramana
P. Durga Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
