NAMBURI GURU GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Namburi Guru Gopal, a practising Advocate of this Court, has filed this writ petition seeking production of the alleged detenus before this Court basing on the newspaper report that the alleged detenus were taken away by some agents to Malaysia.

(2.) It is needless to say that every citizen has a fundamental right to life and when his right to life is deprived of either in this country or by others by way of abduction to other countries, the duty lies on the State to take appropriate steps to get their rights protected, if necessary by contacting the concerned Embassy. The prayer made in this writ petition is squarely falls within the observations made above.

(3.) Sri Sanku is right in his submission that even if the detenus are inside the country or if they are abducted to outside the country at the instance of some agency in the State and when a complaint is made to the police and in case the police failed to take any action, any citizen of the country may approach the Court of law by way of writ of Habeas Corpus for issuance of directions to the authorities concerned in the State to discharge their duties including taking steps for production of such detenus. Sri Sanku, learned Advocate, has produceed a xerox copy of the Fax from Foreign, New Delhi, Consular Section, which reads as follows: