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High Court can’t issue habeas corpus writ in case of private detention

The Hyderabad High Court has held that it cannot issue writ of habeas corpus in case of private detention.

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was dismissing a habeas corpus petition by a person from Karimnagar district seeking production of his wife who was in alleged detention of his in- laws.

The petitioner has relied on a judgment of the Supreme Court in the  case of Mohd. Ikram Hussain versus the state of Uttar Pradesh  and  submitted that the unauthorised detention by private individual  was also can be taken care of in writ jurisdiction for issuance of writ of  habeas corpus.

After perusing the order of the Apex Court, the bench said that when  the Allahabad High Court first entertained application under Article 226 of the Constitution and Section 491 of the Code of Criminal Procedure, in case of alleged detention of a person by private  individual, the High Court was under Section 491 of the Code, was conferred with specific power to issue writ of habeas corpus.

Maintaining that the Apex Court held the power of High Court under  Section 491 of the Code, 1898, was discretionary one, the bench ruled  that now, above Code, 1898, was repealed, and replaced by present Code of 1973 without corresponding power of High Court to issue writ of habeas corpus  in case of private detention.

Article referred: http://www.deccanchronicle.com/150130/nation-current-affairs/article/can%E2%80%99t-issue-habeas-corpus-writ-says-hyderabad-high-court

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