KOCHI: The Kerala high court has ruled that a habeas corpus petition cannot be entertained in the case of missing persons. The court clarified that a writ (court order) of habeas corpus is issued only for producing a detainee and to release him if the detention is illegal. Habeas corpus petitions are often filed by relatives and friends of persons who go missing.
The ruling was given by a division bench comprising justices Antony Dominic and Anil K Narendran while considering a habeas corpus petition filed by Rafeeq M of Edathanattukara in Palakkad. Rafeeq alleged that his uncle, 53-year-old Mammed alias Manuppa, was missing since May 18th last year and police had taken no action despite a complaint. He wanted the court to issue a writ of habeas corpus for tracing his uncle.
Director general of prosecution T Asaf Ali informed the court that person could not be traced and a final report was filed before Mannarkkad judicial first class magistrate court on September 25th.
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The ruling was given by a division bench comprising justices Antony Dominic and Anil K Narendran while considering a habeas corpus petition filed by Rafeeq M of Edathanattukara in Palakkad. Rafeeq alleged that his uncle, 53-year-old Mammed alias Manuppa, was missing since May 18th last year and police had taken no action despite a complaint. He wanted the court to issue a writ of habeas corpus for tracing his uncle.
Director general of prosecution T Asaf Ali informed the court that person could not be traced and a final report was filed before Mannarkkad judicial first class magistrate court on September 25th.
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