Habeas Corpus Pleas Should Not Be Used To Exert Pressure Upon Police To Speed Up Their Investigation: Allahabad High Court

The Allahabad High Court recently came down hard on the practice of filing Habeas Corpus Petitions to exert pressure upon the police to speed up their investigation. The bench of Justice Rahul Chaturvedi observed thus:

"The Habeas Corpus Petitions should not to be used as whip over the police to officials, just to serve out the petition's vanity over the police."

The Court also noted that in cases where the FIR with regard to the alleged act of kidnapping, abduction, illegal confinement, or for ransom is filed and police personnel are pursuing the matter at their end, the lodging of a parallel Habeas Corpus Petition in such cases could be called as motivated and purposive one.

The case in brief

Essentially, the Habeas plea was filed by the father of a 25-year-old girl alleging that she had been abducted by respondent no.4(Manish Kumar Sharma) and therefore, he sought the Court's direction to the official authorities to produce his daughter from the custody of Sharma before the Court.

In the petition, the father further alleged that respondent no.4 (Sharma) had abducted his daughter (corpus) after laying a love trap and that he has already spoiled the life of many other young girls by utilizing them for women trafficking.

On the other hand, the State submitted that the petitioner (father of the corpus) had lodged an FIR in the matter under section 366 IPC against respondent no.4(Manish Kumar Sharma) and the investigation is still going in full swing.

Significantly, the Court was also informed that during the investigation, it had come to the knowledge that the corpus and respondent no.4(Manish Kumar Sharma) have solemnized marriage in some temple at Prayagraj and had filed a writ plea before the High Court seeking protetcion which was allowed by the Court.

Court's observations 

At the outset, the Court noted that the corpus had given an application to the S.P. Banda leveling specific allegations against her own father, that he was planning to get her married to a person double her age.

Meanwhile, the court took into account the fact that she, on her own, contacted respondent no.4, and both of them got married as per their own sweet will without any coercion or duress from any quarter and now, they are leading happy marital life.

Against the backdrop of these facts, the Court wondered that when the major girl/corpus solemnized marriage on her own sweet will and is happily residing with respondent no. 4, then how could she be considered to be under the illegal confinement of respondent no.4.

Further, taking into account the facts of the case, the Court observed thus:

"...it seems that the parent are against this marriage and that's why after concocting the facts of the case, wants to involve the High Court to exert pressure upon the police, to hold a futile exercise....In the instant Habeas Corpus Petition, there is not even a whisper that the corpus has been kept forcibly by respondent no.4 against her wish. In the absence of the basic pleadings in the petition, it lacks merits and liable to be dismissed on this score alone."

However, the Court did direct the S.S.P. and S.H.O. Concern district and police station to look into the matter with all their professional skills and competence at the earliest. But the Court did add that the petitioner may explore other alternative avenues from their redressal of grievance, but certainly not, the Habeas Corpus Petition.

"In my view, filing of the present Habeas Corpus Petition is nothing but an arm twisting of the local police officials who are already engaged, after lodging of the FIR. This Court feels that after the girl is fled away from the guardianship of her parent, it is their personal perception that their son or daughter has been kept in the illegal captivity of the offence. But, in majority of the cases, when these couples are brought before the Court, after the notices, these couples ruthlessly blasts the perception of their parent, resultantly, the Habeas Corpus Petition would end into big zero and an exercise in vanity," the Court further added.

Thus, after marshalling of facts and circumstances of the instant case and the law in this regard, and accordingly instant Habeas Corpus Petition was dismissed at the admission stage itself.

Case title - Poonam Kushwaha v. State Of U.P. And 3 Others [HABEAS CORPUS WRIT PETITION No. - 402 of 2022]

Case Citation: 2022 LiveLaw (AB) 353

Click Here To Read/Download Order