BENGALURU: The Karnataka High Court imposed a cost of Rs 50,000 on the father of a minor child for filing a habeas corpus petition, seeking directions to the police to secure the custody of his child.
Directing the petitioner to pay the cost to the Police Welfare Fund, a division bench of Justices B Veerappa and MG Uma observed that he filed the petition despite knowing that the child was safe and healthy with his wife.
It is nothing but abuse of the judicial process and an attempt to mislead the police. The petitioner is not entitled to the relief sought in the petition and the petition is liable to be dismissed with costs, the court said.
The petitioner, a 40-year-old from Kadubeesanahalli in the city, and his estranged wife have a girl child, who is in the custody of her mother. He filed the petition before the high court instead of approaching proper and appropriate court, it said.
"It is our experience that this type of frivolous writ petitions in recent days is on the rise. Because it is a habeas corpus writ petition and the personal liberty of a citizen is involved, this court being the Constitutional Court has to reach out to the rescue of those innocent people. We are giving top priority to those cases," the court said.
"We are putting pressure on the Police to investigate and secure and release these persons. But we find from our experience that in most of the cases, there is no cause, much less sufficient cause, for the parties to approach this court," the court observed.
"Litigants and members of the Bar appear to have not understood the importance and seriousness of this extraordinary writ of habeas corpus. It is high time that we have to send a clear message that the Courts will not encourage such litigants and tolerate such abuse of the judicial process," it added.