Justice A D Jagadish Chandira and Justice R Poornima observed that habeas corpus petition is a speedy remedy to be invoked exclusively in cases of illegal detention. Constitutional courts had condemned the recurrent abuse of process by invoking the extraordinary jurisdiction of the court with regard to ‘man/woman missing cases’ without establishing a prima facie case of illegal detention.

high court has observed that ignorance of police personnel in following guidelines for dealing with missing persons cases needs to be curtailed to prevent filing of habeas corpus petitions seeking to trace missing persons even when there is no allegation of any illegal detention.

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The court was hearing a habeas corpus petition filed by a woman from Madurai seeking to trace her missing husband, an auto driver. Another habeas corpus petition was filed by a woman from Thanjavur district seeking to trace her missing 18-year-old daughter, a college student. The additional public prosecutor submitted that police inquiry revealed that the missing people in both the petitions had gone out on their own volition.

Since they do not appear to be in any illegal confinement, police are taking effective steps to trace them.
A division bench of Justice A D Jagadish Chandira and Justice R Poornima observed that habeas corpus petition is a speedy remedy to be invoked exclusively in cases of illegal detention. Constitutional courts had condemned the recurrent abuse of process by invoking the extraordinary jurisdiction of the court with regard to ‘man/woman missing cases’ without establishing a prima facie case of illegal detention.

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There is an alternative and efficacious remedy available for simple man/woman missing cases.
Taking into account the sharp rise in the number of habeas corpus petitions being filed in respect of missing cases, the judges sought details on the modalities adopted by police for tracing missing persons. The guidelines issued by the DGP to deal with such man/woman missing cases were produced before the court. In compliance with an earlier order of the court, a circular memorandum was issued in 2023 by the DGP framing guidelines to deal with minor children/women missing cases, the judges observed.

They noted that police had not dealt with missing persons cases properly and used to file a closure report contending ‘undetected’ before the concerned court. Despite being provided with all infrastructure and guidelines on tracing missing persons, there appears to be some lacuna or ignorance of such guidelines by the police personnel, which culminates in filing of habeas corpus petitions invoking the extraordinary jurisdiction of this court, which is a sorry state of affairs and needs to be curtailed, the judges observed.
Though the present habeas corpus petitions are not maintainable, the police shall proceed with the investigation to trace the missing persons and the same shall be monitored by the concerned higher officials, the judges directed and disposed of both the petitions.