Hyderabad: The Hyderabad High Court has held that it cannot issue writ of habeas corpus in case of private detention.
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was dismissing a habeas corpus petition by a person from Karimnagar district seeking production of his wife who was in alleged detention of his in- laws.
The petitioner has relied on a judgment of the Supreme Court in the case of Mohd. Ikram Hussain versus the state of Uttar Pradesh and submitted that the unauthorised detention by private individual was also can be taken care of in writ jurisdiction for issuance of writ of habeas corpus.
After perusing the order of the Apex Court, the bench said that when the Allahabad High Court first entertained application under Article 226 of the Constitution and Section 491 of the Code of Criminal Procedure, in case of alleged detention of a person by private individual, the High Court was under Section 491 of the Code, was conferred with specific power to issue writ of habeas corpus.
Maintaining that the Apex Court held the power of High Court under Section 491 of the Code, 1898, was discretionary one, the bench ruled that now, above Code, 1898, was repealed, and replaced by present Code of 1973 without corresponding power of High Court to issue writ of habeas corpus in case of private detention.
PIL to demolish illegal buildings
Shaik Ibrahim, an ex-serviceman of Prakasam district in Andhra Pradesh on Thursday moved a PIL before the Hyderabad High Court seeking to direct the authorities to demolish the illegal constructions made by some individuals on government land which was allotted to a school at Chintalapalem area of Bestavaripeta mandal of the district.
He submitted that earlier a building was constructed for the school on part of 1.10 acres of the land and presently the school has strength of about 80 students.
He alleged that an ex-sarpanch has occupied the remaining land unauthorisedly and handed ot over it to his relatives to construct houses without approval from the revenue authorities. He said despite many representations, the authorities failed to evict them from the land and also did not take any steps to prevent the illegal construction despite protests by the locals.
He urged the court to declare the inaction of the authorities in not evicting persons from the government land as illegal.
