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2017 Supreme(SC) 1126

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
SHAFIN JAHAN – Appellant
Versus
ASOKAN K. M. – Respondent


Advocates:
For Petitioner(s): Kapil Sibal, Ms. Indira Jaising, Haris Beeran, Mushtaq Salim, Usman Khan, Dev Prakash, Ms. Pallavi Pratap, Advs.
For Respondent(s): Maninder Singh, R. Balasubramanian, Nalin Kohli, Harish V. Shankar, Santosh Kr. Pandey, Prabhas Bajaj, Ms. Aarti Sharma, Ms. Nisha Mohandas, B. V. Balaram Das, Shyam Divan, Ms. Madhavi Divan, A. Raghunath, C. Rajendran, Ms. M.G. Yogamaya, Usha Nandini, V. Giri, Nayantara Roy, Manu Krishnan, Amith Krishnan, Svadha Shankar, Krishna Dev J., Manav Vohra, Baij nath Patel, C. K. Sasi, P. A. Noor Muhamed, Shajahan Islam, Giffara S., P. V. Dinesh, Aishwarya Bhati, Jaideep Singh, T. Gopal, Vishwajeet Singh, Prerna Kumari, Dhirendra Parmar, Sushil Tomar, Gp. Capt. Karan Singh Bhati, Rakesh Mudgal, Brajesh Kumar, Kailash Mudgal, Swarupama Chaturvedi, Advs.

ORDER

Date : 30-10-2017

1. Having heard learned counsel for the parties, we are inclined to modify the order dated 16.08.2017 and accordingly direct the presence of the daughter of the first respondent at 3.00 P.M. on 27.11.2017. We may further add that this Court shall speak to her not in camera but in open Court.

2. We will be failing in our duty if we do not note the submission of Mr. Maninder Singh, learned Additional Solicitor General appearing on behalf of the National Investigation Agency and Mr. Shaym Divan, learned senior counsel appearing for the first respondent that in a case of the present nature when there is material with regard to a pattern of indoctrination, the choice of the person should not be treated as absolute for guiding the jurisdictional spectrum of habeas corpus. It is additionally urged that having regard to the antecedents of the petitioner (who claims to be the husband of the daughter of the first respondent) and his association with Popular Front of India, his should not be straight away allowed on the basis of the interaction with the lady until the larger issue is decided. The larger issue that has been focused is centered on the antecedents of the pet












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