Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 Article 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950; Article 32 : A Constable of Border Security Force reported to be missing-Issuance of Certificate by the authorities to the effect that the constable had died while on duty and family pension granted-Wife of the constable came to know of her husband being alive-Writ of habeas corpus-Held: Status report submitted by B.S.F./Authorities indicating the necessary steps taken by them and holding meetings with Pakistan authorities to find out whereabouts of the missing constable-Though the Court is satisfied with the efforts made by the authorities so far, but they are directed to continue their efforts to find out the actual position expeditiously and intimate the petitioner, wife of the Constable and also to file status report for consideration by this Court. Husband of the writ petitioner was working as Constable in the Border Security Force. He was reported to be missing while on duty. The authorities issued a certificate to the effect that the said Constable had died for all official purposes and granted family pension to his wife, the petitioner. Later, the petitioner came to know that her husband was alive and languishing in a Jail in Pakistan. She wrote to various authorities for taking immediate steps to trace out her husband. She was not satisfied with the efforts made by the authorities, hence, she filed a writ of habeas corpus before this Court. This Court directed the authorities concerned to submit a status report. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 252 |
Petitioner | Angrej Kaur |
Respondent | Union Of India And Anr. |
SCR | [2005] 3 S.C.R. 1140 |
Judgement Date | 2005-05-03 |
Case Number | 36 |
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