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Supreme Court of India 2018-09-05 allowed

State of Maharashtra & Ors vs Tasneem Rizwan Siddiquee

Bench: 3 — A.M. Khanwilkar

In Brief

The State of Maharashtra appealed against a High Court order granting habeas corpus for a man in police custody during a criminal investigation into alleged illegal access to call detail records. The Supreme Court held that habeas corpus cannot be issued for someone lawfully detained under a valid judicial remand order by a Magistrate. The Court also expunged scathing remarks the High Court made against police officials, as they were made without affording the officials an opportunity to explain their actions. The appeal was allowed, though the Court clarified this expressed no opinion on the accused's guilt.

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Criminal Procedure Habeas Corpus Police Custody Judicial Remand Fundamental Rights Procedural Fairness

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