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DELHI HIGH COURT
SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Sanjay Singh – Appellant
Versus
State (Govt. of NCT) of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks habeas corpus for illegal detention. (Para 1 , 2 , 3 , 4) |
| 2. compensation sought for delayed release post-bail. (Para 5 , 6 , 7) |
| 3. court examines authority's compliance and procedural failings. (Para 8 , 9) |
| 4. no evidence of malice; compensation not warranted. (Para 10) |
| 5. petition for compensation rejected; case disposed. (Para 11 , 12 , 13 , 14) |
JUDGMENT
Anup Jairam Bhambhani J. By way of the present petition, as originally filed, the petitioner had made the following prayers:
"a.) Allow the present petition in favour of the petitioner and issue the writ in the nature of Habeas Corpus against the Respondents to release the Petitioner who is illegally detained by the Respondent no.2,
b.) Grant the reasonable compensation to the petitioner for his illegal detention, and
c.) Pass any other order/orders as this Hon'ble Court may kindly be deemed fit and proper in the facts and circumstances of the case and in the interest of justice."
2. The principal grievance raised by the petitioner by way of the present writ petition was that despite having been admitted to bail vidi order dated 18.05.2020 made by the learned Metropolitan Magistrate, Dwarka Court
When a person comes to Court with complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or ma....
Illegal detention without due process violates Article 21 of the Constitution, warranting compensation for the affected individual.
The main legal point established in the judgment is that interception and detention at the airport, based on a lookout circular (LOC) by CBI, did not constitute illegal detention, and the petitioner ....
A petitioner must demonstrate that detention is unlawful due to having served a sentence, but accurate sentence calculations by the State may validate continued detention.
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