Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates
While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law.The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Cases of missing persons cannot be brought under the provision...
While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law.
The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Cases of missing persons cannot be brought under the provision of the Habeas Corpus petition. Cases of missing persons are to be registered under the regular provisions of the Indian Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure. Such cases are to be dealt as regular cases by the competent Court of law and the extraordinary jurisdiction of the Constitutional Courts cannot be invoked for the purpose of dealing with such cases of missing persons. Thus, the constitutional Courts across the country predominantly held in catena of judgments that establishing a ground of "illegal detention" and a strong suspicion about any such "illegal detention" is a condition precedent for moving a habeas corpus petition and the constitutional Courts shall not entertain a habeas corpus petition, where there is no allegation of "illegal detention" or suspicion about any such "illegal detention".”
The present petition was filed by the mother of the corpus on the ground that the corpus has been missing from Pune, Maharashtra. The petitioner had also lodged a missing person report at Jabalpur that her daughter along with her two minor children was missing and they have been wrongly confined by two persons from Village Kantora, Jabalpur. The police started the investigation. Being dissatisfied with the investigation, the present Habeas Corpus petition was filed seeking a direction to the Police Authorities to search the daughter of the petitioner and her children and produce them before the Court.
The court issued notices and called for status report. As per the first status report, the corpus and her minor children aged about 11 years and 8 years could not be traced out. As per the third status report, the corpus along with her children had visited village Raiyakheda where the petitioner resides.
Further, steps for search were intensified and Superintendent of Police, Jabalpur was directed to personally look into the matter. During the course of investigation, they recorded the statement of the petitioner and other family members wherein they stated that on December 3, 2023, the corpus visited the village Raiyakheda on her own will. The petitioner in her statement also mentioned that the corpus and her children came to the village with a boy met her niece and informed that she was going to village Karmeta and will stay there till evening and if they want to meet her they may come there. Similar statements were given by the brother and sister-in-law of the corpus.
When Police Officers received the information regarding the corpus on the same date on on 03.12.2023, they visited village Karmeta and searched the corpus and prepared a memorandum (panchnama) wherein this fact was verified by the villagers that the corpus visited there had gone on motorcycle with a boy along with children as per her own wish.
Thus, considering the above circumstances and status reports, the court opined that the petitioner failed to establish a prima facie case of unlawful detention of her daughter and two minor children by any particular person, rather it was clear from the status report that the corpus along with her minor children has gone to unknown place as per her own wish and she is not in any wrongful confinement.
“We are of the considered view that a petition seeking the issuance of writ of habeas corpus cannot be entertained to trace out the missing person and for such purpose the petitioner can pursue other effective remedy.”, the Court said.
Thus, the court disposed of the petition with a direction to the respondents to continue the search of the corpus and her minor children in accordance with law in furtherance of the missing person report filed by the petitioner.
Case Title: Simmi Bai Versus Shrimaan Police Mahanirikshak Mahodaya And Others, Writ Petition No. 16475 Of 2023
Citation: 2025 LiveLaw (MP) 33