SHRIMATI VIDYA VERMA, THROUGH NEXT FRIEND R>V>S MANI versus DR. SHIV NARAIN VERMA.
A petition for habeas corpus under Article 32, founded on Article 21 and directed against a private individual for alleged detention, does not lie; Article 21 is intended to protect against actions by the State, not private persons.
- Parties
- Petitioner: Shrimati Vidya Verma; Respondent: Dr. Shiv Narain Verma; Intervener: Attorney-General for India
- Jurisdiction
- India
- Judgment Date
- 11 November 1955
- Procedural Posture
- Petition Under Article 32 of the Constitution for a Writ of Habeas Corpus / Final Judgment
- Outcome
- petition dismissed
- Legal Topics
- Writ of Habeas Corpus, Fundamental Rights, Detention by Private Person, Article 32, Article 21
Case Brief
Summary, issues, holding and outcome
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Parties
Shrimati Vidya Verma
Petitioner
Dr. Shiv Narain Verma
Respondent
Attorney-General for India
Intervener
Procedural Posture
Petition Under Article 32 of the Constitution for a Writ of Habeas Corpus / Final Judgment
Legal Issues
- 1 Whether detention by a private person constitutes infringement of fundamental rights under Article 21 such that a writ of habeas corpus under Article 32 lies against the private person
Ratio Decidendi
A petition for habeas corpus under Article 32, founded on Article 21 and directed against a private individual for alleged detention, does not lie; Article 21 is intended to protect against actions by the State, not private persons.
Court Disposition
petition dismissed
Orders
- Petition under Article 32 dismissed as not maintainable.
- Mr. Mani to pay costs of opposite party personally, including those of the Attorney-General of India, and bear his own costs personally.
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