RESEARCH PROPOSITION:- ASSIGNMENT 5

“The Hon’ble Supreme Court held in a recent case that Habeas Corpus Writ not
maintainable against ED alleging illegal arrest”.

Article 32 & Article 226 of the Indian Constitution:-

Under Article 32 of the Indian Constitution, Apex Court has the power to issue
directions, orders or writs for the enforcement of the Fundamental Rights while
under Article 226 of the Indian Constitution, the High Courts have the power to
issue directions, orders or writs for the enforcement of the Constitutional
Rights. An Indian citizen can seek justice through five prerogative writs as
provided by the Indian Constitution under Article 32 and Article 226. These are
as follows:
1- Habeas Corpus
2- Certiorari
3- Mandamus
4- Quo-Warranto
5- Prohibition

Habeas Corpus:-
Literal meaning: 'to have the body of'.
This writ protects an individual from unlawful detention. Under this writ,
an order is issued by the court to a public official to produce the detained person
before the court. The court then examines the grounds on which the individual
has been detained. If the detention has no legal justification, the detained person
is set free. It is to be noted that the writ cannot be issued in the cases where (a)
the detention is lawful (b) the proceeding is for contempt of a legislature or a
court (c) an individual is detained by a competent court, and (d) the detention
falls outside the jurisdiction of a particular High Court. This writ is ineffective
if the detainee is produced before the judicial magistrate. An individual can
seek compensation from the state against the arbitrary detention. The petition
under this writ can be filed by the detainee, prisoner or by any person on behalf
of the detainee/prisoner. The writ of Habeas Corpus cannot be suspended even
during the emergency under Article 359.

Supreme Court & High Court judgements favouring the proposition:-

1. V Senthil Balaji v. The State

Citation- 2023 (SC) 611
Court- Supreme Court of India
Bench- Justice MM Sundresh
Date of Judgement- 07-08-2023
The Supreme Court on Monday while dismissing Tamil Nadu Minister
Senthil Balaji’s plea challenging custody by Enforcement Directorate in
the money laundering case, held that a writ of habeas corpus would not be
maintainable on allegation of illegal arrest by the ED. The Apex Court
clarified that the plea regarding illegal arrest is to made before concerned
the Magistrate, since custody becomes judicial.
The division bench comprising Justice A S Bopanna and Justice MM
Sundresh stated that a writ of Habeas Corpus could only be issued when
the detention is deemed illegal. They pointed out that an order of remand
by a judicial officer, culminating into a judicial function, cannot be
challenged though a writ of habeas corpus. Instead, the person aggrieved
can seek other statutory remedies. However if there is non- compliance
with mandatory provisions and a total lack of application of mind, a writ
of habeas corpus may be entertained in specific circumstances.
The court clarified that habeas corpus pleas may be considered only when
the mandates under Section 167 of CrPC, 1973 and Section 19 of PMLA,
2002 is not followed and is specifically challenged. Yet, when an order is
passed by a Magistrate with proper reasons for remand. It cannot be
challenged through the writ jurisdiction under Article 226 of the
Constitution
Full Document:-
https://www.livelaw.in/tags/vsenthil-balaji-vs-the-state-2023-livelaw-sc-611
 2. Manubhai Ratilal Patel ... vs State Of Gujarat & Ors

Citation- CRIMINAL APPEAL NO. 1572 OF 2012

Court- Supreme Court of India

Bench- K.S. Radhakrishnan, Dipak Misra

Date of Judgement- 28 September, 2012

That the main objective of a writ of habeas corpus is to release persons

illegally detained or confined; a writ of habeas corpus is not granted when
a person is committed to jail custody by a competent court by an order
which, prima facie, does not appear to be without jurisdiction or wholly
illegal; infirmity in the detention of the petitioner at the initial stage
cannot invalidate the subsequent detention and the same has to be judged
on its own merits; a petition seeking the writ of habeas corpus on the
ground of absence of a valid order or remand or detention of the accused
has to be dismissed, if on the date of the return of the rule, the custody or
detention is on the basis of a valid order

Full Document:-
https://indiankanoon.org/doc/53510844/

3. Moin Akhtar Qureshi v. UOI

Citation- December 01, 2017
Court- Delhi High Court
Bench- HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE P.S.TEJI
Date of Judgement- 01.12.2017
"It is well-accepted principle that a Writ of Habeas Corpus is not to be
entertained when a person is committed to judicial custody or police custody
by the competent court by an order which prima facie does not appear to be
without jurisdiction or passed in an absolutely mechanical manner or wholly
illegal.
Full Document:-
https://indiankanoon.org/doc/190585689/