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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Rukhmani Devi, W/o Yugeshar Ganjhu – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Mr. Rajveer Singh, learned counsel appearing for the petitioner, has argued out the case at length in furtherance to his argument which was advanced as has been taken note in the order dated 4th March, 2025 to establish the maintainability of the present writ petition.
2. He has also placed bunch of judgments in support of his argument.
3. He has tried to impress upon the Court that even after the order of remand, the Writ of Habeas Corpus will be maintainable on consideration of the applicability of the fundamental right as conferred to the citizen of the country under Article 22(1) of the Constitution of India.
4. A serious objection has been made by learned State counsel by citing one judgment rendered by three Judges Bench of Hon’ble Apex Court in the case of State of Maharashtra & Others v. Tasneem Rizwan Siddiquee reported in (2018) 9 SCC 745 wherein the issue was that if a person is in custody by virtue of order of remand having been passed by a court, then the Writ of Habeas Corpus will be maintainable or not?
5. Learned State counsel has referred paragraph 10 of the said judgment wherein the order of remand has been questioned by filing Writ of Habeas Corpus even at
A writ of habeas corpus cannot be maintained for individuals in lawful judicial custody due to a valid remand order, reinforcing the principles of lawful detainment under Article 22(1).
A writ of habeas corpus is not maintainable when the petitioner is in judicial custody under a valid order from a competent court.
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
The rejection of a bail application and the lack of challenge to a judicial remand order render a habeas corpus petition unsustainable.
Point of law : Where the custody of the petitioner corpus as been handed over as per a judicial order passed a Judicial Magistrate or a court of competent jurisdiction or a CWC constituted under the ....
A writ of Habeas Corpus cannot be issued when the detention is authorized by a court of competent jurisdiction, even if the order of remand is illegal.
Point of law: Even though, the scope may have expanded, there are certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ of habeas corpus mu....
The court established that while successive writ petitions for habeas corpus are generally discouraged, they are possible if new grounds are raised. However, if the substantial challenge is against t....
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