VATHSALA, S/O DIWAKAR Vs. THE SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE, THE COMMISSIONER OF POLICE, INFANTRY ROAD, BANGALORE CITY, BANGALORE AND THE INSPECTOR OF POLICE, FRAZER TOWN POLICE, BANGALORE
LAWS(KAR)-2011-12-318
HIGH COURT OF KARNATAKA
Decided on December 09,2011

Vathsala, S/O Diwakar Appellant
VERSUS
Secretary, Department Of Home, Vidhana Soudha, Bangalore, The Commissioner Of Police, Infantry Road, Bangalore City, Bangalore And The Inspector Of Police, Frazer Town Police, Bangalore Respondents

JUDGEMENT

D.V.SHYLENDRA KUMAR , J. - (1.) FRIVOLOUS matters, matters without bonafide proliferate before this Court in the guise of a petition for issuing a writ of habeas corpus and on the vague suspicion or apprehension that some person is illegally detained either by the State authority or by private persons.
(2.) DEVELOPMENT of law in this Country on the constitution side being for enlarging the scope of locus and genuine. benafide, worthwhile causes being entertained by the Court even at the instance of third parties, has been held as a great and momentous breakthrough in the development of Administrative/Constitution Law in this Country and such matters have been given the nomenclature Public Interest Litigation. The Supreme Court of India has treated even the postcards written on behalf of under trial prisoners languishing in jails on charges of having committed offences, punishments for which offence if guilty was shorter than the period of their imprisonment, even without the trial having begun and even the deplorable conditions of under trial prisoners and so on. forming the subject matter of such postcards/intimation which were treated PIL writ petitions.
(3.) THIS trened has continued, and whenever it is brought to the notice of the High Court, even through a letter or a telegram or some form of communication that some person is in illegal custody, to secure freedom and liberty of the person, such information/intimation/communication are all treated as writ petitions and in the instant case, a telegram addressed to the Chief Justice, High Court of Karnataka. Bangalore, originating from one Smt Vathsala without any address or particulars had been received by the registry on 3rd of December, 2011 and had been brought to the notice of the Chief Justice, which was in turn ordered by the Chief Justice directing the Registrar (Judicial) for taking necessary action, etc., The contents of the telegram is: My brother Diwakar was taken by Frazer Town Police at about 12 noon on 30th Nov. His whereabouts are not known. Vathsala.;


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