The High Court dismissed a habeas corpus petition filed to produce a detenu, Sadiq, who was already in judicial custody. The court held that if the detenu is in judicial custody, such detention cannot be considered illegal within the limited scope of a habeas corpus writ.
The writ petition stands dismissed as devoid of merits.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MRS. JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
W.P.H.C.NO.88 OF 2020
BETWEEN:
SMT. SYEDA GHOUSIA W/O. SYED SADIQ AGED ABOUT 45 YEARS R/AT NO. 93, 6TH CROSS SHAMPUR MAIN ROAD MUNESHWARA NAGAR BENGALURU NORTH BENGALURU-560045 ....PETITIONER (BY SRI. MOH. KAMRAN KHAN, ADVOCATE)
AND:
1 . THE SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001
2 . THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU-560 001
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3 . THE INSPECTOR OF POLICE DEVARJEEVANAHALLI POLICE BANGALORE-560 045
4 . THE INSPECTOR OF POLICE KADUGONDANAHALLI POLICE BANGALORE-560 045
….RESPONDENTS
SRI. SYED SADIQ S/O. SYED ABDUL KHUDDUS AGED ABOT 50 YEARS R/AT NO. 93, 6TH CROSS SHAMPUR MAIN ROAD MUNESHWARA NAGAR BENGALURU NORTH BENGALURU-560 045 (HUSBAND OF PETITIONER)
….DETENU
(BY SRI. THEJESH, SPL. PP FOR R1 TO R4)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITITUTION OF INDIA TO ISSUE A WRIT OF HABEAS CORPUS AGAINST THE RESPONDENTS DIRECTING THE RESPONDENTS NO.3 AND 4 TO PRODUCE THE DETENU SYED SADIQ SON OF SYED ABDUL KHUDDUS BEFORE THIS HON'BLE COURT ALONG WITH A STATUS REPORT OF THE DETENU AS TO WHEN AND IN CONNECTION OF WHICH CASE THE DETENU IS BEEN ARRESTED BY THE RESPONDENT POLICE AND TO RELEASE HIM FORTHWITH.
THIS WPHC COMING ON FOR ORDERS THIS DAY, S.SUJATHA J., MADE THE FOLLOWING:
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ORDER
This writ petition in the nature of Habeas Corpus
has been filed by the petitioner seeking direction to the respondent Nos.3 and 4 to produce the detenu Syed Sadiq S/o. Syed Abdul Khuddus before this Court along with the status report of the detenu as to when and in connection of which case, the detenu has been arrested by the respondent/Police and to release him forthwith.
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remanded to the judicial custody and the same was extended from time to time. The order sheet in Crime No.195/2020 has been produced herewith. It is submitted that when Syed Sadiq was arrested, the arrest formalities were duly complied by informing the same to his brother's son Nawazulla S/o Amanulla, aged about 25 years, residing at No.11, 3rd Cross, Kanakanagar, R.T.Nagar Post, Bengaluru - 560 032. The said arrest has been entered in the Station House Diary on 27.08.2020 at 9.00 a.m. and the same is also reflected in the case diary. The formalities required under law has been duly complied, as such, seeks to close the petition placing on record the aforesaid affidavit.
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the respondents' affidavit would reflect that he was arrested on 27.08.2020. The action of the respondents would indicate that detenu was in illegal detention against the personal liberty enshrined under Article 21 of the Constitution of the India. Hence, he submits that the affidavit filed by the Assistant Commissioner of Police, C.C.B., OCW, N.T.Pete, Bengaluru, narrating the arrest of the detenu on 27.08.2020 requires to be rejected and the detenu has to be released forthwith.
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to produce the detenu before the Court who is in illegal detention. If the detenu is already apprehended and is in judicial custody, the same cannot be construed as illegal detention.
No.195/2020, the detenu herein, has been arrested and has been produced before the jurisdictional
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Magistrate and is in judicial custody as on date. Hence, we find no grounds to interfere in the writ petition.
Accordingly, the writ petition stands dismissed as devoid of merits.
Sd/JUDGE
Sd/JUDGE
CA
2 issues framed by the court
Whether the writ petition in nature of habeas corpus is maintainable when the detenu is already in judicial custody.
Whether an allegation of discrepancy in arrest date justifies judicial intervention in habeas corpus proceedings.
Colour shows how this judgement treated each authority
W.P.H.C.No.59/2020Referred¶6
1 provisions across 1 enactments
SMT. SYEDA GHOUSIA
THE SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA
THE COMMISSIONER OF POLICE, BENGALURU
THE INSPECTOR OF POLICE, DEVARJEEVANAHALLI
THE INSPECTOR OF POLICE, KADUGONDANAHALLI
SYED SADIQ
S. SUJATHA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
