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Habeas corpus not meant for missing person cases, says HC

The Kerala high court has ruled that a habeas corpus petition cannot be entertained in the case of missing persons. The court clarified that a writ (court order) of habeas corpus is issued only for producing a detainee and to release him if the detention is illegal. Habeas corpus petitions are often filed by relatives and friends of persons who go missing.

The ruling was given by a division bench comprising justices Antony Dominic and Anil K Narendran while considering a habeas corpus petition filed by Rafeeq M of Edathanattukara in Palakkad. Rafeeq alleged that his uncle, 53-year-old Mammed alias Manuppa, was missing since May 18th last year and police had taken no action despite a complaint. He wanted the court to issue a writ of habeas corpus for tracing his uncle.

Director general of prosecution T Asaf Ali informed the court that person could not be traced and a final report was filed before Mannarkkad judicial first class magistrate court on September 25th.

Declining to issue a writ of habeas corpus, the court said, ".... Such being the situation, we are not satisfied that the petitioner could establish a case of illegal detention of the detenue to file this writ petition with a prayer (demand) of habeas corpus".

 Article referred: http://timesofindia.indiatimes.com/city/kochi/Habeas-corpus-not-meant-for-missing-person-cases-says-HC/articleshow/31123362.cms

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