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Supreme Court of India 2018-03-20 allowed

Champion R. Sangma vs State of Meghalaya

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

The Supreme Court granted habeas corpus relief to the petitioner, Champion R. Sangma, who was detained under an order dated 24.01.2018 passed by an Additional District Magistrate without jurisdiction. The prosecution had applied to oppose a bail application that the petitioner had never filed, seeking to prevent his release. The Court found the order to be a nullity because it was passed without proper case records, without notice to the petitioner, and on an application not admissible under criminal procedure law. The Court held that the detention violated Article 21 and the rule of law, and directed the petitioner's immediate release while preserving the State's right to pursue lawful legal remedies in the criminal case.

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Criminal Procedure Habeas Corpus Unlawful Detention Bail Fundamental Rights Rule of Law

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