28 Jun 2121

Filing of frivolous Habeas Corpus Writ Petition lures imposition of heavy costs on the parties - Bombay High Court

Case : Shaikh Shabana v. The State of Maharashtra and Ors. Criminal Writ Petition No. 608 of 2021

Court : Bombay High Court

Bench : Justice V. K. Jadhav and Justice Shrikant D. Kulkarni

Decided on : 28 Jun 2121

Relevant Statues

Articles 226 of the Constitution of India, 1950

Brief Facts & Procedure History

1. The relevant seminal facts are that it has been alleged that the son of the Petitioner, Shaikh Atik Shaikh Rafiq is illegally detained by one Mahek Hanif Shaikh and her family members. It is further stated that said Mahek Hanif Shaikh and her brother were at Vaijapur and met with the missing son Atik and told him that they are going to give him a good job at Mumbai and he will also get good returns on the said job. Believing them, said Atik left Vaijapur in the month of January 2021 along with said Mahek.

2. At the end of the month, the missing son Atik called the Petitioner and told her that he is not allowed to leave the house of Mahek and he is subjected to beating by the family members of Mahek i.e. He has been illegally detained. The petitioner has also contacted said Mahek and her family members, but they threatened the Petitioner that if she insists on the release of Atik, she will have to pay a certain amount. By this petition, the Petitioner is seeking a writ of Habeas Corpus in respect of her son Shaikh Atik Shaikh Rafiq.

The Issue(s) of the Case

Whether the Petitioner is entitled to the writ of Habeas Corpus in respect of her son Shaikh Atik Shaikh Rafiq in Criminal Writ Petition No. 608 of 2021?

The Observations of the Court

The Honourable Bombay High Court observed the following:

1. Observed that the missing Shaikh Atik was produced before the Court by the Police Inspector of Vaijapur Police Station.

2. Took cognizance of the report submitted by the Police Inspector Mr. Samratsing Rajput, Police Station Vaijapur where the said Mahek is the wife of missing Shaikh Atik and their relations have been strained. Due to the matrimonial dispute, the Petitioner herself in collusion with the missing son Shaikh Atik and her elder son Shaikh Asif secretly kept the missing son Shaikh Atik in Draupadi Lodge, Vaijapur.

3. Witnessed that it has been specifically stated in the report that the Petitioner has used the police machinery and also the Court for her oblique motive.

4. Further, the Honourable Bombay High Court observed that even the learned counsel for the Petitioner was not aware of the fact that the said Mahek is the wife of her missing son Shaikh Atik.

5. Opined that the Petitioner not only used the police machinery for her oblique motive to teach a lesson to her daughter-in-law Mahek, but also used the Court by suppressing the material fact from her counsel for filing the present Habeas Corpus Writ Petition. Therefore, heavy costs were to be imposed on the Petitioner.

The Decision held by the Court

1. The Honourable Bombay High Court declared the missing Shaikh Atik Shaikh Rafiq is at liberty to pursue his further activities and also imposed a cost of Rs. 50,000/- on the Petitioner.

2. The Honourable Bombay High Court further opined that the concerned police station is at liberty to register a separate crime against the petitioner, her elder son Shaikh Asif Shaikh Rafiq and the missing son Shaikh Atik Shaikh Rafiq.

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