Paridhi Arya
Published on April 27, 2022 at 13:28 IST
The Bench of Justice Arup Kumar Goswami and Justice NK Chandravanshi of Chhattisgarh High Court ruled that in case of Missing Person Cases the extraordinary Jurisdiction of Constitutional Courts cannot be invoked.
The Court observed that under the Writ of Habeas Corpus Cases of missing person cannot be brought in the Court.
The Writ of Habeas Corpus was filed by the Petitioner whose daughter has gone missing asking the Court to direct State to find her.
In 2011, Petitioner’s daughter got married and then gave birth to female child, her in-laws believed that baby has an evil soul so they tortured her.
After that in Mahila Court petitioner has filed a Case, after the Counseling her daughter decided to go to her marital home but she was never seen after it.
Petitioner has filed First Information Report on apprehension that her in-laws killed her but Police did not find her.
Though passing of several directions from the Court police didn’t trace his daughter however by referring the previous decision of Supreme Court, the Court noted that to bring the Writ of Habeas Corpus it is a precondition to establish that there is Illegal Detention or strong suspicion of Illegal Detention.