'When Question Of A Person's Liberty Is Involved, Even A Day's Delay Counts' : Supreme Court Criticises HC For Dragging Habeas Corpus Plea

Setting at liberty a 25-year old woman detained by her parents, the Supreme Court today (January 17) expressed anguish at the callous approach shown by the Karnataka High Court in the matter. Despite the woman stating that she wished to return to Dubai from where she had been taken by her parents, the High Court did not set her at liberty with immediate effect and rather postponed the matter indefinitely.

The Bench of Justices BR Gavai and Sandeep Mehta observed that the matter had been adjourned by the High Court on 14 occasions and thereafter postponed for 2025, exhibiting "a total lack of sensitivity" on the part of the court, that too in a habeas corpus matter.

"When the question of liberty of a person is involved even a day's delay counts", the court said.

The case had arisen out of petitioner/K's grievance that his partner 'M', with whom he had been studying in Dubai, had been forcibly taken by her parents and illegally detained in Bengaluru after learning of their relationship.

The Karnataka High Court had been approached by K with a habeas corpus petition, claiming that M's devices, passport, belongings and other articles had been taken away from her to prevent her from pursuing a career at Dubai. On the court issuing notice and calling for a status report, M's statement had been recorded, wherein she explicitly stated that she was forcibly taken from Dubai on the pretext of her grandfather's ill-health and was being forced to enter into an arranged marriage.

Deeming it necessary, the High Court had thereafter held a Chamber hearing with the detenu and her family members. Following the same, the matter had been repeatedly adjourned, with the tentative date for listing lastly being shown as April 10, 2025.

Noting that the High Court was proceeding at a "snail's pace" despite it being a habeas corpus matter, the Supreme Court on January 3, 2024 had issued notice. The court had also called for the presence of detenu-M and listed the matter for today.

Taking into consideration the nature of the case, the Bench held independent Chambers interactions today with the detenu, her parents and the parents of petitioner/K.

The detenu, in her third interaction, expressed a desire to go with K's parents and to return to Dubai so she may pursue a career there. She mentioned that she could not attend 3 interview calls received from Dubai for different jobs, as she was under detention of her parents. She also stated that since all of her documents including passport were with her parents, it was almost as if she was under house arrest.

M's parents, on the other hand, claimed that they were not opposed to their only daughter's wishes. They only desired that she become financially stable before she takes a decision about her life.

After interacting with the abovementioned, the Bench opined that the detenu was a highly qualified, mature woman with an understanding of what was right and what was wrong for her. In any case, a major girl cannot be compelled to do something against her wishes, the court said.

It was remarked that the High Court's failure to pass appropriate orders had led to further illegal detention of M as well as frequent trips by K and his parents from Dubai to Bengaluru to ensure M's well-being.

In closing, the Bench held that M's continued detention by her parents was illegal. It was ordered that she be set at liberty forthwith, whereafter she may proceed further as per her wishes.

M's parents were further directed to handover her documents, including passport, within 48 hours. The matter has been listed for reporting compliance on January 22, 2024.

Case details anonymised.

Citation : 2024 LiveLaw (SC) 52

Click here to read the order