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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 decision granting habeas corpus relief and releasing a man (Rizwan Alam Siddique) from police custody. The respondent's wife had filed the writ petition claiming illegal detention. The Supreme Court held that habeas corpus cannot lie when a person is in lawful police custody pursuant to a valid judicial remand order. The Court allowed the appeal, expunged the High Court's scathing remarks against police officials (made without hearing them), and held that the investigating officer may proceed against the accused in accordance with law, while expressing no opinion on his guilt.

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Criminal Procedure Habeas Corpus Custodial Rights Police Powers Judicial Remand

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