Habeas Corpus Petition in a Missing Person Case

In Muhammad Rafique vs. Station House Officer and others (2024 LHC 3860), the Lahore High Court at Bahawalpur dealt with a habeas corpus petition filed by Muhammad Rafique seeking the recovery of his missing 17-year-old brother, Muhammad Shafique, under Section 491 of the Criminal Procedure Code (Cr.P.C). The petition was filed against the local police and individuals accused of abducting Shafique. The Court examined whether the petition was maintainable under habeas corpus jurisdiction, given that the missing person had not been traced, and the police had already registered an FIR and initiated an investigation.

Background:

The petitioner’s brother, Muhammad Shafique, went missing after going to a mosque for prayers on 21.03.2021. Despite lodging an FIR for his abduction and providing names of potential suspects, the police were unable to trace him. The petitioner filed this habeas corpus petition, alleging that Shafique was being held by individuals identified in subsequent investigations.

Key Issues:

Maintainability of Habeas Corpus Petition in a Missing Person Case: Whether a habeas corpus petition is maintainable when an FIR for abduction has already been registered, and the missing person remains untraceable.

Jurisdiction of Habeas Corpus Under Section 491 Cr.P.C.: Whether the court’s habeas corpus jurisdiction under Section 491 Cr.P.C. can be invoked to recover a missing person when the police investigation is ongoing.

Court’s Analysis:

Maintainability of Habeas Corpus Petition: The Court noted that habeas corpus petitions are primarily used to address cases of illegal detention by specific individuals or authorities. In the case at hand, no illegal detention had been alleged or proven, and the individual remained untraceable. Therefore, the Court found the petition was not maintainable under Section 491 Cr.P.C. as it could not serve to locate a missing person where an abduction FIR had already been registered.

Role of the Police Investigation: The Court highlighted that the police were actively investigating the case and had already arrested suspects named by the petitioner in a supplementary statement. The petitioner's request for habeas corpus was in conflict with his own submission regarding potential suspects. Since the police were already involved and no evidence of wrongful detention was presented, the habeas corpus petition could not proceed.

Court’s Conclusion: The Lahore High Court dismissed the habeas corpus petition, ruling that it was not maintainable as the case involved a missing person whose whereabouts were unknown, not a case of wrongful detention. The Court directed the police to continue their efforts to trace Muhammad Shafique and encouraged the petitioner to pursue other legal remedies.

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