Habeas Corpus Writ not Maintainable for Detenu in Police Custody after Remand Order- Supreme Court


September 10, 2018

Case name: The State of Maharashtra & Ors. v. Tasneem Rizwan Siddiquee

In the instant case, the appellants assailed the High Court’s decision, whereby the High Court allowed the writ petition preferred by the Respondent for issue of writ of habeas corpus directing the appellants to produce her husband who, according to the respondent, was illegally and unlawfully detained by the Police.

The Appellant challenged High Court’s order seminally on the ground that no writ of habeas corpus could be issued in respect of a person who was in police custody in connection with a criminal case under investigation pursuant to remand order passed by the Court.

Bench’s Verdict

The issue that fell for consideration before the Three-Judge bench of the Supreme Court was whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order?

The Supreme Court ruled that the present case was not a case of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional magistrate, which was in force, granting police remand during investigation of a criminal case. Resultantly, no writ of habeas corpus could be issued. 

The entire case can be accessed here.