High Court of Calcutta displeasured over its Registry for a failure to list a 1997 Habeas Corpus petition

No Bar for writ under section 173(8) CrPC to transfer investigation to CBI: Calcutta High Court

The Calcutta High Court was hearing a matter through video conferencing that is related to the allegation regarding the failure to hand over a child to his mother following his birth in a hospital. The writ petition came up for consideration on 22.12.1997, the Court then issued a direction to the Director General of Police to have a case registered and to hand it over for investigation.  

However, different directions were issued with the further order to the Registry of this Court to list the matter after three months. The court was displeasured that the matter was listed after 23 years of “hibernation of this file in the cupboard of the High Court”.

A writ of habeas corpus was filed in the High Court in the year 1997 and a division bench headed by the then Chief Justice directed to list the matter three months later.

The court added:

“With the passage of time, we see that through the earlier order dated 22.12.1997, the sister of the petitioner was released and she was left with the freedom to move subject to her liking and making herself available for recording of statement under Section 161 Cr.P.C”.

Further, the court closed and disposed the matter with great displeasure against the department that was supposed to list the matter.