‘Complete lack of sensitivity’: SC on Karnataka HC adjourning habeas petition 14 times on woman’s house arrest

The Supreme Court on January 17 expressed displeasure over the manner in which the Karnataka High Court adjourned the habeas corpus petition on the illegal detention of a 25-year-old woman on 14 occasions and postponed it indefinitely and decided it in 2025. , saying that it showed a “complete lack of sensitivity” and a “lackluster approach”.

A bench of Justices BR Gavai and Sandeep Mehta, while ordering the release of a woman detained by her parents at her uncle’s house, said, “When the question of liberty of an individual is involved, even a day’s delay Matters”.

The court allowed her to move to Dubai with her relationship partner’s parents to pursue her career as per her wish.

“When the detainee in the habeas corpus petition had expressed before the High Court in clear words that she wanted to go back to Dubai to pursue her career, the High Court should have passed an order releasing her with immediate effect. Adjourning the case on 14 occasions and now adjourning it indefinitely and posting it to 2025 shows a lack of sensitivity on the part of the High Court in such a case,” the bench said.

The court said that in fact not passing appropriate orders at the appropriate level has contributed to the illegal detention of the detainees.

“Due to such indifferent approach, the petitioner and his parents have been forced to make frequent trips from Dubai to Bengaluru to ensure the well-being of the detainees. When the question of liberty of an individual is involved, even a delay of one day matters,” the bench said.

The petitioner-Kevin Joy Varghese argued that he and the woman were studying together in Dubai, they knew each other for the last nine years and were in a relationship since 2022. She claimed that when her parents came to know about the petitioner’s relationship, they forcibly took her away from Dubai and kept her in illegal custody at her uncle’s house in Bengaluru.

The court interacted with the woman, her parents and the parents of the petitioner.

The bench said that she had strongly stated that though she has full love, respect and affection for her parents, she would like to go back to Dubai and pursue her career. She further said that although on three occasions she had received calls for interviews from Dubai for different jobs, she could not attend as she was in the custody of her parents.

He further said that since all the important documents including passport are in the custody of his parents, his situation is almost like house arrest.

She clearly stated that she would like to accompany the parents of the petitioner. Her parents said that they want their daughter to be financially stable before taking any decisions about her life.

“The woman is an adult female aged around 25 years. We have personally interacted with him on three occasions. Meanwhile, we spoke to his parents as well as the parents of the petitioner. He is very qualified. Conversation with her revealed that she is mature enough to understand what is right and what is wrong in her life. In no case can an adult girl be forced to do anything against her will,” the bench said.

The court ruled his continued detention illegal and ordered his immediate release. It also said that he is allowed to proceed as per his wish.

The bench also directed her parents to return the woman’s passport, documents, belongings within a period of 48 hours.