1984 (4) TMI 320 - SC - Indian Laws

Summary

Issues:
1. Failure to produce missing persons in response to a writ of habeas corpus.
2. Enforcement of obedience to a writ of habeas corpus through contempt proceedings.
3. Determination of civil contempt due to wilful disobedience to the writ.
4. Imposition of penalties for civil contempt, including fine and costs.
5. Direction for further investigation into the disappearance of the missing persons.

Analysis:

1. The judgment pertains to the failure of respondents to produce missing individuals in response to a writ of habeas corpus. Despite efforts by authorities, including the Central Bureau of Investigation (CBI), the missing persons could not be located. The Court found a lack of compliance with the mandatory direction of the writ, leading to concerns regarding the whereabouts of the individuals.

2. The Court delved into the appropriate mode of enforcing obedience to a writ of habeas corpus, highlighting the provisions of the Contempt of Courts Act, 1971. It emphasized that wilful disobedience to a court-issued writ constitutes civil contempt, and in this case, the respondents were found to have committed civil contempt by misleading the court with a distorted version of facts.

3. The judgment addressed the issue of civil contempt and its consequences, stating that civil contempt is punishable by imprisonment, fines, or costs. In this instance, the Court decided not to impose imprisonment or fines but directed respondents to pay exemplary costs to the wives of the missing individuals due to the mental anguish they endured.

4. Furthermore, the Court expressed the need for further investigation into the disappearance of the missing persons, suggesting a possible offense of murder based on the circumstances. It directed the Registrar to forward the case papers to the Superintendent of Police for initiating a thorough investigation under the relevant provisions of the Criminal Procedure Code (CrPC).

In conclusion, the judgment highlighted the failure to produce missing persons in response to a writ of habeas corpus, the enforcement of obedience through contempt proceedings, the determination of civil contempt, the imposition of penalties for civil contempt, and the direction for further investigation into the disappearance of the missing persons.