MAHENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed as a habeas corpus petition. The counsel who presented the petition is not present. It appears that there is no sufficient interest to pursue the matter. Habeas corpus petitions normally do not get dismissed on the principle that once an illegal detention (alleged) has been intimated to the sovereign or to a Court of law, the obligation of the informer is over and thereafter, the object of securing the liberty of a person detained is upon the Court. In the circumstances, the question is debatable whether the petition can be dismissed for default or for non-appearance of counsel.

(2.) Now comes another matter. Habeas corpus petitions at the High Court are being filed complaining of detention (a) by the State and (b) by persons who are not the State.

(3.) If the detention is by the State and it is illegal detention, then it is a clear case that the High Court upon a prima facie satisfaction whether on the application or suo motu issues a notice of motion on a writ of habeas corpus and what issues is as a warrant, misunderstood as a notice to produce the body of the person so detained dead or alive. Such cases normally ought to and should be going before a bench of two Judges.