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Whether Habeas Corpus Petition is Maintainable Against a Remand Order? Supreme Court Judgment

Team SoOLEGAL 14 May 2021 3:36pm

Whether Habeas Corpus Petition is Maintainable Against a Remand Order? Supreme Court Judgment

The Supreme Court, in Gautam Navlakha vs National Investigation Agency, stated that a Habeas Corpus Petition against a Remand Order can only be filed in the following circumstances, Firstly, If the order is completely unconstitutional, Secondly, there is a lack of jurisdiction in the remand order, Thirdly, the remand order has been passed in a mechanical manner.

Justice UU Lalit and Justice KM Joseph has rejected the plea of Gautam Navlakha, who was involved in the famous Bhima Koregaon case, the court has observed that there is no absolute bar against maintainability of Habeas Corpus Petition against the Order of Remand.

The Supreme Court also referred to cases such as Manubhai Ratilal Patel v. State of Gujarat, and Serious Fraud Investigation Office and Ors v. Rahul Modi. A writ of habeas corpus is not maintainable when an accused is sent to judicial or police custody by a competent court by an order that is prima facie does not lack jurisdiction or wholly illegal or passed in an absolutely mechanical manner.



Tagged: Supreme Court   Judgment   Justice UU Lalit   Justice KM Joseph   Gautam Navlakha   Habeas Corpus Petition  
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