SUNIL Vs. DISTRICT MAGISTRATE BIJNOR

JUDGEMENT

(1.) In Habeas Corpus petition No. 243254 of 2001 the impugned detention order was passed on 18-12-2000 by which the petitioner was ordered to be detained for a period of one year. That period of one year has expired and hence this petition has become infructuous and is dismissed as such.

(2.) It is deeply regrettable that this habeas corpus petition and several other petitions listed before us today (mentioned above), have become infructuous because the period of detention has expired. We are informed that a large number of habeas corpus petitions are dismissed as infructuous in November and December last year.

(3.) The Supreme Court has observed that Article 21 is the most basic of all the fundamental rights in the Constitution, as individual liberty is a precious right. It is deeply regrettable that habeas corpus petitions are not being heard and the petitions are becoming infructuous, as the cases were not heard before the expiry of the detention period. There was a time in this Court when the habeas corpus petitions used to be finally disposed off within a week or 10 days of filing of the same, and that is how it should be. However, what is seen in recent times is that habeas corpus petitions are becoming infructuous.