Habeas Corpus -- Reliance on Newspaper Report -- Not sufficient to invoke writ jurisdiction
(i) Constitution of India, Art.226 -- Habeas Corpus -- Reliance on Newspaper Report -- Not sufficient to invoke writ jurisdiction -- A newspaper report is hearsay evidence and does not by itself prove the facts stated therein. A writ of habeas corpus cannot be entertained on the basis of an unverified newspaper report without independent, contemporaneous, or verifiable material establishing unlawful detention. (ii) Constitution of India, Art.226 -- Habeas Corpus -- Person Absconding and Not in Custody -- Writ not maintainable -- Unlawful detention is the essential requirement for invoking habeas corpus jurisdiction. Where a person is merely missing or evading arrest and is not shown to be in state custody, the writ cannot be issued, and the jurisdiction cannot be used as a tool to procure the presence of a person to assist the defence of a co-accused.
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