Terming as illegal the detention of a 25-year-old woman by her parents, the Apex Court on Wednesday asked them to set her at liberty, & castigated the Karnataka High Court for “total lack of sensitivity” while handling the case.The Supreme Court was hearing an appeal by a man challenging the order of the Karnataka High Court on his habeas corpus petition against the parents of his partner.A person in detention, or someone acting on their behalf, may petition high courts or the Supreme Court for their production before court if they feel they have been detained unlawfully.
Taking note of the peculiar facts & circumstances of the case, a bench of Justices B R Gavai & Sandeep Mehta interacted with the woman, her parents as well as the parents of the man before passing the directions.The bench noted that the woman, being a mature major, desires to go with the parents of the man.“We hold that the continued detention of respondent (woman) …by respondent nos.4 & 5 (her parents) is illegal,” the bench said, adding, “In any case, a major girl cannot be compelled to do something against her wishes.” The top court also expressed its anguish at the manner in which the high court dealt with the matter.“When in a habeas corpus petition the detenue…had in unequivocal terms expressed before the high court that she desired to go back to Dubai to pursue her career, the high court ought to have passed the order setting her at liberty with immediate effect,” it said. The bench said adjourning the matter on 14 occasions & posting it in 2025, depicts a “total lack of sensitivity” on the part of the high court in such a matter.
“Because of such lackadaisical approach, the petitioner (man) & his parents have been compelled to make frequent trips from Dubai to Bengaluru just to ensure the well being of the detenue… When the question of liberty of a person is involved even a day’s delay counts,” it said.While disposing of the plea, the bench directed the parents of the woman to hand over to her the passport, other important documents & personal belongings within 48 hours.
TAGS: Supreme Court Detention Illegal Release Karnataka High Court
