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M. SUNDAR, N. ANAND VENKATESH
Selvamani – Appellant
Versus
Commissioner of Police, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent to produce the petitioner''s son namely Gopi, son of Selvamani aged about 29 years before this Hon''ble Court and set him at liberty.)
M. Sundar, J.,
1. Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of brevity] has been filed by father of Mr.Gopi, aged 29 years who shall hereinafter be referred to as ''absentee'' for the sake of convenience and clarity.
2. Mr.G.Vinodhkumar, learned counsel on record for petitioner who is before us submits that the third respondent (private respondent) is spouse of the absentee. It is submitted that the absentee and the third respondent are married and marriage was solemnized on 19.11.2018. It is also submitted that from the wedlock, they have one daughter. The case of the petitioner is that the absentee is missing from 01.03.2022. Further case of the petitioner is that a criminal complaint has been lodged with the second respondent and the same has been taken on file as Crime No.93 of 2023 dated 04.03.2022.
3. Issue notice to the respondents 1 and 2 (official respondent
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.
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 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.
Preservation of rights of all concerned parties in a missing person case
The court's decision was based on the principle that in cases of habeas corpus, the determination of illegal detention or custody is crucial, and in this case, the missing daughter's marriage and wil....
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
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.
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