M. SUNDAR, N. ANAND VENKATESH
M. Hariharan – Appellant
Versus
Superintendent of Police Kanchipuram – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus directing the respondents to secure and produce the petitioner''s friend, Mr.Palani, aged 71 years, before this Court from the illegal custody of respondent nos. 3 and 4 and set him at liberty forthwith.)
M. SUNDAR, J.,
1. Captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of brevity) has been filed stating that one Palani, aged 71 years who owns some immovable property has been detained in rehabilitation centre by his family by incorrectly saying that he is addicted to liquor.
2. Ms.S.Vidya, learned counsel on record for the petitioner is before us. To be noted, the petitioner is a member of the Bar.
3. Considering the facts and circumstances of the case and after hearing Ms.S.Vidya, learned counsel on record for petitioner, we deemed it appropriate to direct the Additional Public Prosecutor to accept notice for the official respondents (Respondents 1 and 2). To be noted, respondents 3 and 4 are private respondents and we are informed that they are the family members of the aforementioned Mr.Palani who shall be referred to as ''absentee''
Kishore Samrite Vs. State of Uttar Pradesh and Others reported in (2013) 2 SCC 398
The central legal point established in the judgment is that the habeas corpus petition is not maintainable when the individual is not in illegal custody or detention.
The central legal point established in the judgment is the court's authority to ensure the liberty of individuals through habeas corpus petitions and to determine the legality of detentions.
A habeas corpus petition can only be entertained if there is a prima facie case of illegal detention or a strong and reliable suspicion of such illegal detention.
The main legal point established is that the court will not issue a writ of habeas corpus if the missing person is found to have voluntarily left and not illegally detained.
Preservation of rights of all concerned parties in a missing person case
The absence of illegal detention is crucial in determining the necessity of a Habeas Corpus legal drill under Article 226 of the Constitution of India.
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
The main legal point established is that the absence of illegal detention or custody is crucial in determining the applicability of a Habeas Corpus Petition.
The main legal point established in the judgment is that the court will dismiss a petition for a writ of habeas corpus if it finds that the alleged detainee is not illegally held but has voluntarily ....
The legal principle established is that the court will consider the age and marital status of the individual in habeas corpus cases to determine the presence of illegal detention or unlawful custody.
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