IMPORTANT POINTS
No writ of habeas corpus could be issued in this case.
High Court should not have made scathing remarks against police officials without giving them opportunity.

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 different people and was selling them in return for hefty amount of money. The police caused the arrest of Mukesh Pandian and sought call details of Vodafone Company. First Information Report, bearing No.I31/18 was registered against Mukesh Pandian for offences punishable under Section 420 of the Indian Penal Code (IPC) and Sections 66, 72 and 72(a) of the Information Technology Act, 2000. During the investigation, additional offences under Section 26 of the Indian Telegraphs Act, 1885 and Sections 201, 171, 467, 468 and 120B of IPC were added. Later on, police arrested one Prasant Palekar and found various mobile chats in his mobile including with Rizwan Alam Siddique (husband of the respondent herein) and other persons. The chat record collected by the police during the investigation, between Rizwan Alam Siddique and Prasant Palekar, disclosed that Rizwan Alam Siddique had asked Prasant Palekar for call details record of the wife of one Nawazuddin Siddique, indicative of involvement of Rizwan Alam Siddique in the commission of offence. As a result, a notice was issued to Rizwan Alam Siddique on 14th February, 2018 under Section 160 of the Code of Criminal Procedure, in response to which he informed the police that he will be travelling till 21st February, 2018 and will appear before the police after 22nd February, 2018. As assured, Rizwan Alam Siddique visited the police station on 23rd February, 2018 for recording of his statement. As the investigation progressed, presence of Rizwan Alam Siddique was found to be necessary by the Investigating Officer who, therefore, tried to get in touch with him by sending messages on his mobile phone on 15th March, 2018. Rizwan Alam Siddique responded to the said messages and showed his willingness to participate in the investigation. However, according to the Investigating Officer he did not cooperate with the police and for which reason, by way of abundant precaution, on 16th March, 2018 the police issued notice under Section 41A of Cr.P.C. which notice was attempted to be served but refused by Rizwan Alam Siddique. Further, when the Investigating Officer along with his subordinates went to the premises of Rizwan Alam Siddique to serve the said notice, it transpired that Rizwan Alam Siddique was destroying the evidence in his mobile phone as well as in his laptop and, therefore, the Investigating Officer took a conscious decision to arrest him by taking assistance from the nearest police station i.e. Versova Police Station. After his arrest, he was produced before the jurisdictional Magistrate on 17th March, 2018 within the statutory period. The jurisdictional Magistrate gave the police custody of Rizwan Alam Siddique until 23rd March, 2018 after recording his satisfaction for such police remand.

5. The respondent, h