PADMA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner is the sister of one Mr.Mani, aged about 45 years. Even, according to the petitioner, Mr. Mani is a mentally retarded person. In the year, 2006, he was admitted into the Home for mentally retarded persons run by the sixth respondent. He was in the Home till the year 2009. Thereafter, he gave a slip to the authorities. From that time onwards, he has been found missing. In this regard, a complaint has been made to the third respondent and the third respondent has not taken steps to trace out Mr.Mani. Since no action has been taken by the third respondent, the petitioner has come up with this Habeas Corpus Petition.

(2.) WHEN the matter was taken up today, the learned counsel appearing for the sixth respondent submitted that it is true that Mr.Mani was admitted in the year 2006 and he was in the home for four years and nobody turned up to take care of him and with great difficulty, the sixth respondent had maintained the mentally retarded Mr.Mani. But, in the year 2009, he left home without the knowledge of the authorities and from that time onwards, he has been missing. As such, the sixth respondent has explained everything to the police.

(3.) IN view of the above submission, we find that there is no material even to infer that Mr.Mani has been illegally detained. Therefore, no relief could be granted to the petitioner in this Habeas Corpus Petition except directing the third respondent to expedite the action to trace out the missing person.