LI Network
Published on: January 18, 2024 at 12:10 IST
In a recent ruling, the Supreme Court criticized the Karnataka High Court for its prolonged handling of a habeas corpus plea, emphasizing the importance of swift action in matters involving a person’s liberty.
The case involved a 25-year-old woman detained by her parents, and despite her express desire to return to Dubai, where she was taken from, the High Court had unnecessarily postponed the matter multiple times.
The Supreme Court, comprising Justices BR Gavai and Sandeep Mehta, expressed dissatisfaction with the callous approach exhibited by the Karnataka High Court, which had adjourned the case 14 times and indefinitely postponed it until 2025. The apex court emphasized that even a day’s delay is crucial when the question of a person’s liberty is at stake.
The case originated from a petitioner, K, who claimed that his partner, M, was forcibly taken by her parents and illegally detained in Bengaluru.
The Karnataka High Court had been approached through a habeas corpus petition, where M revealed that she was taken from Dubai on false pretenses and forced into an arranged marriage against her will.
Despite the court issuing notice and recording M’s statement, the High Court proceedings moved at a slow pace, prompting the Supreme Court to intervene on January 3, 2024.
The apex court issued notices, called for M’s presence, and conducted independent interactions with M, her parents, and the petitioner.
During the interactions, M expressed a desire to go with K’s parents and return to Dubai for her career.
The Bench observed that M, being a mature and qualified woman, could not be compelled to act against her wishes. Criticizing the High Court’s failure to pass timely orders, the Supreme Court declared M’s continued detention illegal and ordered her immediate release.
Additionally, M’s parents were directed to hand over her documents, including the passport, within 48 hours.
The Court scheduled a compliance report for January 22, 2024, emphasizing the urgency in addressing matters involving an individual’s freedom.