Dr. S. Muralidhar, J.

1. The background facts and the orders passed in this petition until 29th August 2018 have already been set out by this Court in a detailed order dated 29th August 2018 which reads as under:

“1. The Petitioner has approached this Court seeking the issuance of a writ of habeas corpus for his release from illegal custody and questioning the legality of his arrest by the Maharashtra Police (Respondent No.3) on 28th August 2018 pursuant to FIR No.4/2018 registered at Police Station (PS) Vishrambagh, Pune.

2. This petition was mentioned before the Chief Justice of this Court yesterday, i.e. 28th August 2018, at 2:15 pm and was assigned to this Court, which is the Roster Bench dealing with habeas corpus petitions, and was taken up at around 2:20 pm yesterday.

3. In para 2 of the petition, it is stated that originally the officials of Respondent No.3 came to the Petitioner’s house at Nehru Enclave, New Delhi but since the search warrant was not shown, they were not permitted to enter. Later, they came back with the warrant and search of the house was undertaken. Para 4 of the Petition states that the Petitioner was shown a copy of FIR No.4/2018 regarding a cultural program held on 31st December 2017. It is further averred in para 4 that the said FIR did not contain the Petitioner’s name. The Petitioner claims that “he was not even present at the meeting”. The petition notes that offences under the provisions of the Unlawful Activities (Prevention) Act 1967 (“UAPA”), particularly under Sections 30 and 18, have been added to the FIR which was originally under Sections 153A, 505, and 117 read with Section 34 IPC.

4. When the matter was taken up at 2:25 pm yesterday, Mr. Rahul Mehra, learned Standing Counsel (Criminal) for the State of NCT of Delhi appeared. The Court then passed the following order at around 2:45 pm:

“1. The petition complains of the Petitioner and his companion Sehba Husain being restrained in his house by the Maharashtra Police pursuant to FIR No. 4/2018, registered at P.S. Vishrambagh, Pune.

2. Notice. Mr. Rahul Mehra, who appears and accepts notice and informs that he will take some instructions.

3. The Court is informed by Ms. Nitya Ramakrishnan, learned counsel appearing for the Petitioner, that her information is that the Petitioner is just being taken away from his house. No further precipitate action of removing the Petitioner from Delhi be taken till the matter is taken up again at 4 pm.”

5. The petition was again taken up at 4 pm on 28th August 2018. This time, DCP Bachhan Singh and ACP Ganesh Gawade, officers of Respondent No.3, were present to instruct Mr. Mehra. They were also accompanied by ACP K.G. Tyagi of the Special Cell of the Delhi Police. The order passed by the Court at 4:30 pm reads as under:

“1. This order has to be read in continuation of the order passed by this Court earlier in the day at around 2.45 pm upon an urgent mentioning before the Hon'ble Chief Justice and upon his assigning the petition to this Bench. The Court had issued notice in the petition and kept it for further hearing at 4 pm. It had directed that no precipitate action of removing the Petitioner from Delhi be taken till then.

2. Court is informed at 4 pm by Mr. Rahul Mehra, learned Standing counsel for the State that an order was passed today by the learned Chief Metropolitan Magistrate (CMM), South East District, Saket in the post lunch session granting transit remand for producing the Petitioner before the learned Special Court, Shivaji Nagar, Pune on or before 30th August, 2018.

3. The Court is also shown the documents produced before the learned CMM most of which (including FIR No. 4 of 2018 registered at Police Station Vishrambagh, Pune) are in Marathi language and only the application filed for transit remand before the learned CMM is in Hindi. However, it is not possible to make out from these documents what precisely the case against the Petitioner is.

4. Since it is already 4.30 pm, the Court conside