IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY WRIT PETITION (HABEAS CORPUS) NO.46 OF 2019 BETWEEN:
ZUBAIDA BEGUM, D/O LATE ALLAH BAKASH, AGED ABOUT 30 YEARS, RESIDINDG AT NO.1, SHAMSHEER COMPOUND, 1ST MAIN ROAD, 1ST CROSS, 2ND STAGE, GOUTHAMPURAM, HALASURU, BANGALORE – 560 008.
(BY SMT JAYASREE NARASIMHAN, ADV.,) AND:
1. SYED SALAHUDDIN, AGED MAJOR, RESIDING AT NO.1, SHAMSHEER COMPOUND, 1ST MAIN ROAD, 1ST CROSS, 2ND STAGE, GOUTHAMPURAM, HALASURU, BANGALORE – 560 008.
…PETITIONER 2. ZULFIQAR AHMED, AGED MAJOR, RESIDING AT NO.1, SHAMSHEER COMPOUND, 1ST MAIN ROAD, 1ST CROSS, 2ND STAGE, GOUTHAMPURAM, HALASURU, BANGALORE – 560 008.
3. STATE OF KARNATAKA, THROUGH DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA BENGALURU. REPRESENTED BY ITS PRINCIPAL SECRETARY, BANGALORE – 560 001 4. DEPUTY COMMISSIONER OF POLICE, BANGALORE EAST TALUK, HALASURU, BANGALORE – 560 008.
5. INSPECTOR OF POLICE, HALASURU POLICE STATION, HALASURU, BANGALORE – 560 008.
DETENU:
SHAIKH AKBAR, S/O ALLAH BAKASH, AGED ABOUT 47 YEARS.
…RESPONDENTS (BY SRI. SANDESH J CHOUTA, AGA ALONG WITH SRI.S.V.GIRIKUMAR, HCGP) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE ORDER, DIRECT OR WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO CAUSE THE PRODUCTION OF THE PERSON OF DETENUE MR.SHAIK AKBAR, BEFORE THIS HON’BLE COURT, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS WPHC COMING ON FOR ORDERS, THIS DAY, K.N. PHANEENDRA, J., MADE THE FOLLOWING:
ORDER Alleged detenue by name Mr. Shaikh Akbar, son of Allah Baksha is produced before the Court by Sri. Divakar, Police Inspector, Ulsoor Police Station and Sri. Nataraju –Police Constable. On inquiry, the alleged detenue-Sheik Akbar submits that he is not willing to go along with the petitioners, though he admits the relationship that petitioner is one of his elder sister. He submits that, he went to live independently on his own. He being the major, the court cannot insist the alleged detenue to go and live with the petitioner or with anybody. The detenue also submits before the Court that he has not been in illegal custody or unlawful custody of anybody. Therefore, the powers of this Court under this Habeas Corpus petition is very narrow and Court can only identify and ascertain whether the alleged detenue is in illegal or unlawful custody of anybody, so that the said person can be released from such an unlawful or illegal custody. When such facts are not available, no orders can be passed anymore on the merits of the petition.
Under the above said facts and circumstances, the petition does not survive for consideration on merits and same is liable to be dismissed.
Accordingly, dismissed. The alleged detenue -Sheikh Akbar is set at liberty forth with.
sd/- JUDGE sd/- JUDGE PSG