CUTTACK: The Orissa High Court has held that a writ of habeas corpus cannot be entertained to find a missing person while disposing of a petition filed by a man against police for not tracing his daughter.
The division bench of Justice SK Sahoo and Justice SS Mishra observed that illegal confinement is a pre-condition to issuing a writ of habeas corpus. “It cannot be issued in respect of any and every missing person, more so when no named person is alleged to be responsible for the illegal detention of the person for whose production before the court, a writ is to be issued,” the bench stated.
The ruling came on September 8 while considering a habeas corpus petition filed by Nimananda Biswal. He had lodged an FIR at the Bidanasi police station in Cuttack City on October 12, 2022. Though almost a year has elapsed since the filing of the FIR, police are not taking any efficacious step to trace his daughter, he alleged, while seeking the issuing of a writ of habeas corpus. The bench observed that the petitioner has not established a prima facie case of unlawful detention of the missing girl by any particular person.
‘Therefore, we are of the considered view that a petition seeking the issuance of the writ of habeas corpus cannot be entertained to trace out a missing person and for such purpose, the petitioner can pursue another effective remedy”, the bench said, adding,” writ of habeas corpus cannot be issued in a casual and routine manner. Though it is a writ of right, it is not a writ of course”. Accordingly, the petitioner's counsel sought permission to withdraw the writ petition at this stage with the liberty to seek appropriate remedy in accordance with the law. Considering such submission, the bench disposed of as withdrawn the petition with the liberty prayed for.