Karnataka HC faces criticism on Habeas Corpus case, SC orders release of detained woman

Karnataka HC faces criticism on Habeas Corpus case, SC orders release of detained woman

The Supreme Court on Wednesday took a stern stance against the Karnataka High Court's handling of a crucial Habeas Corpus case, where the male partner of a woman claimed that she was being unlawfully detained by her parents. The bench, comprising Justices BR Gavai and Sandeep Mehta, expressed deep concern over the prolonged nature of the case due to multiple adjournments, emphasizing that the woman's illegal detention was being needlessly extended.

The Supreme Court criticized the Karnataka High Court for what it deemed a lack of sensitivity in dealing with the matter. The detenue, in a habeas corpus petition, had explicitly expressed her desire to return to Dubai to pursue her career. Despite this, the High Court failed to promptly issue an order for her release, choosing instead to adjourn the case on fourteen occasions and subsequently postponing it indefinitely until 2025.

The Supreme Court emphasized the urgency of the situation, noting that the detenue's liberty was at stake and that even a day's delay mattered significantly. The petitioner, the woman's partner, and his parents had been compelled to make frequent trips from Dubai to Bengaluru due to the High Court's lackadaisical approach, disrupting their lives to ensure the well-being of the detained woman.

The Habeas Corpus petition was filed by the woman's partner, who had been in a nine-year relationship with her. The couple had studied together in Dubai, but upon the discovery of their relationship, the woman's parents forcibly brought her back to Bengaluru. To prevent her from pursuing her career abroad, her personal devices and documents were confiscated.

The Karnataka High Court, in response to the Habeas Corpus case filed in 2023, had requested a status report from the State authorities on September 26, 2023. The woman, in her statement to the police the next day, revealed that she was taken away forcibly by her parents, who falsely claimed her grandfather was ill, and she was now being pressured into an arranged marriage.

Despite the woman's explicit statement, the High Court adjourned the matter fourteen times and scheduled it for April 10, 2025. Frustrated by the delays, the petitioner approached the Supreme Court, which issued notice on January 3, 2024.

During the hearing, the Supreme Court interacted with all parties involved, including the 25-year-old detenue, her parents, and the partner's parents. The detenue expressed her desire to go back to Dubai and pursue her career, emphasizing that she had already lost job opportunities due to her house arrest-like situation.

Recognizing the woman's maturity and right to make choices about her life, the Supreme Court concluded that her continued detention with her parents was illegal. The Court ordered her immediate release and directed her parents to return important documents, including her passport, within forty-eight hours to facilitate her travel abroad.

The Supreme Court warned the woman's parents that contempt of court proceedings would be initiated if they disobeyed the directions. The case is scheduled for compliance review on January 22, 2024.

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