SEBASTIAN M HONGRAY Vs. UNION OF INDIA

JUDGEMENT

(1.) On Nov. 24, 1983, the Court by its judgment and order directed that a writ of habeas corpus be issued. The operative portion of the order reads as under (para 34):

(2.) It is now necessary to deal with the failure of respondents 1, 2 and 4 to file the return to the writ of habeas corpus. After a preliminary enquiry and after hearing the respondents and after negativing their contentions that Shri C. Daniel and Shri C. Paul were not seen last alive in the custody of the 4th respondent, the Court directed to issue a writ of habeas corpus. The writ of habeas corpus was issued and was served on respondents 1, 2 and 4. In compliance with the mandatory direction contained in the writ of habeas corpus, the person to whom it is, directed is under a legal obligation to produce the body of the person alleged to be unlawfully detained before the Court on the day specified and to make a formal return to the writ (Halsbury's Laws of England, Fourth Edition, Vol. 11,para 1492 at page 791). Such a writ has been issued and there has been failure to produce the missing persons in respect of whom writ is issused and to file the return as mandated by law.

(3.) The next question therefore, is: what is the appropriate mode of enforcing obedience to a writ of habeas corpus