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2018 Supreme(SC) 861

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
State of Maharashtra – Appellant
Versus
Tasneem Rizwan Siddiquee – Respondent


JUDGMENT :

A.M. Khanwilkar, J.

1. Leave granted.

2. The appellants have assailed the decision of the High Court of Judicature at Bombay dated 21st March, 2018 in Writ Petition No.1353 of 2018, whereby the High Court allowed the writ petition preferred by the respondent, for issue of writ of habeas corpus directing the appellants to produce her husband who, according to the respondent, was illegally and unlawfully detained by the police in connection with FIR No.I31/2018.

3. The decision of the High Court is assailed essentially on two counts. First, that no writ of habeas corpus could be issued in respect of a person who was in police custody in connection with a criminal case under investigation, pursuant to an order of remand passed by the court of competent jurisdiction. Second, in any case, the High Court should have refrained from making scathing observations against the concerned police officials and the said remarks should be expunged.

4. Briefly stated, the facts leading to the filing of this appeal are that on 24th January, 2018, a secret information was received by the local police that one Mukesh Pandian, who is a private detective, was obtaining call detail records of differ




















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