2005 (7) TMI 731 - HC - Indian Laws

Summary

Issues:
1. Writ of habeas corpus for illegal detention of petitioner's brother.
2. Maintainability of the habeas corpus petition without sufficient evidence of illegal detention.
3. Court's role in habeas corpus petitions and monitoring investigations.

Analysis:
1. The petitioner filed a writ of habeas corpus seeking the production of his brother allegedly under illegal detention by respondent Nos. 5 to 14. The court issued a show cause notice and granted an opportunity to trace the missing person. The status report revealed that some respondents had been granted bail, while one respondent was not traceable. The investigating agency stated that they lacked evidence to submit a charge sheet against the missing respondent. The court acknowledged the efforts to locate the petitioner's brother and gather evidence against the respondents.

2. The court emphasized that a habeas corpus petition can only be maintained if there is clear and unimpeachable evidence of illegal detention. Without such evidence, the petition cannot be entertained. The court clarified that it cannot act as a monitoring agency for a police case unless there is sufficient material indicating illegal detention. In this case, as there was no material against the respondents proving illegal detention of the petitioner's brother, the court found the habeas corpus petition not maintainable. The petitioner was given the liberty to monitor the case and file a fresh petition if evidence of illegal detention surfaces during the investigation.

3. Considering the legal principles governing habeas corpus petitions, the court concluded that without evidence of illegal detention, the petition could not be entertained. The court highlighted the importance of having substantial material to infer illegal detention before converting a habeas corpus petition into a monitoring agency for police investigations. The petitioner was granted the freedom to file a new petition if evidence of illegal detention emerges during the investigation, thereby disposing of the current writ petition with this liberty in the interest of justice.