Habeas Corpus petition cannot be invoked as a routine to seek supervision of Missing Person Report Investigation: Rajasthan High Court
“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”
Illegal Detention
Bombay High Court quashes detention order served after unexplained delay of 11 months; Directs State to pay Rs 2 Lakhs as compensation
“The live and reasonable nexus between the alleged activities and purpose of detention was irretrievably lost by the unexplained delay of nearly over a year.”
Bombay High Court orders release of detenue held without evidence; Takes note of judicial and investigative failures under S. 189 BNSS
“It is a sorry state of affairs because inspite of there being no evidence against the detenue and without any Order of Remand, the detenue is in custody, illegally.”
Gauhati HC directs return of Nigerian citizen who was illegally detained for about 4 years
The foreigner had been arrested in 2020 and convicted in 2021 for entering into India without any valid travel document. However, despite completing his sentence his detention continued.
Missing persons cases can’t be brought under Habeas Corpus, unless illegal detention is established: MP High Court
“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
Coordinate Bench’s view of same HC cannot be ignored even if considered to be incorrect in law; Reference to larger bench the only option: SC
In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.
Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty
“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”
Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC
Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention
“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
Delhi High Court directs Rs 50,000 as compensation to be drawn from salaries of errant policemen for illegal detention for half an hour
A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in future.
4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs
Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.
Kerala High Court dismisses habeas corpus by boyfriend after girl denies illegal detention by parents
The alleged detenue told the Court that though she was in love with the petitioner and willing to marry him, she did not want to go with him but would prefer to go with her mother.
Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father
The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.
Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers
Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.
Punjab and Haryana High Court dismisses ‘Infructuous’ Habeas Corpus plea for releasing Amritpal Singh
Punjab and Haryana High Court had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.
Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case
The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.
Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national
The Delhi High Court directs the Air India Officials to arrange for a flight to Ahmedabad for the Portuguese national of Indian origin who was illegally restrained and detained at the Delhi Airport by the Air India Officials.
Supreme Court stays Kerala HC order directing a woman in same-sex relationship to undergo counselling
The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.
Madras High Court grants 3.5 lakh Compensation to Prisoner who spent 9 months in Jail after Acquittal Orders
Madras High Court said that when the court issues a specific direction, it’s the prison official's duty to verify it and clarify if they have doubts. Thus, held that the detention was illegal.