Habeas corpus plea over missing daughter junked

One-liner: Stating that illegal confinement is a precondition for a writ of habeas corpus, the Orissa HC turned down a man’s plea to trace her daughter who went missing about a year ago from the Bidanasi area of Cuttack.

No action to trace missing daughter: Nimananda Biswal had approached the HC, alleging that although a case was lodged in Oct last year, the police did not take any step to trace his missing daughter.

Bench observation: Hearing the matter, a division bench termed it a missing person case and observed that no material was produced before the court that the petitioner’s daughter had been illegally detained by anyone.

  • "Writ of habeas corpus (produce in court) cannot be issued in a casual and routine manner. Though it is a writ of right, it is not a writ of course," it said

Suggestion: The bench suggested Biswal pursue other effective remedies to trace his missing daughter. 

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