Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband

A Bench of Justices UU Lalit, S Ravindra Bhat, and Bela M Trivedi on Monday issued notice to the High Commissioner of Malaysia in a habeas corpus petition filed by a wife seeking to trace her husband who had gone to Malaysia for a job and has been missing since 2015. 

The Court was hearing a plea filed by one Raj Kumari who alleged that her husband and three others were abducted by five Indian men in 2015 in Malaysia. The petitioner had filed a police complaint with the local police in Rajasthan in 2016 for kidnapping and cheating, but there has been no progress till date, it was contended. She then approached the High Court, which dismissed the plea, leading to the present appeal before the top court. In the impugned order, the High Court dismissed the writ petition of the petitioner on the ground that the police is conducting an investigation. 

The plea filed through Advocate Anuj Bhandari pointed out that the Rajasthan High Court dismissed her habeas corpus petition on the ground that the police is investigating the matter, though nothing has been done for the past six years since the registration of the first information report (FIR). Before the Apex Court, the petitioner contended that the High Court wrongly dismissed the petition since the pendency of an FIR for kidnapping and cheating cannot render a habeas corpus petition non-maintainable.

The petitioner had sought the Apex Court's intervention to issue directions to the respondent to find out the whereabouts of her husband and ensure his safety. 

"The Petitioner has already approached Prime Minister's Office, NHRC, Ministry of External Affairs and Local Police but no substantial action has been taken in this regard. The Petitioner is not even aware if her husband is dead or alive in Malayasia, " the petition states. 

The Apex Court issued notice to the High Commissioner of Malaysia and has sought a response from the High Commissioner and the State of Rajasthan. 

Case Title: Raj Kumari v State of Rajasthan  Diary No.- 32017 - 2021

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