Habeas Carpus petition not maintainable in respect of person in police custody under lawful Magisterial order: SC
The State of Maharashtra & Ors. v. Tasneem Rizwan Siddiquee
The Supreme Court Bench of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ. allowed an appeal filed against the decision of Bombay High Court whereby it had allowed a writ of habeas corpus directing the appellants to produce detenu under lawful custody.
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.