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2023 Supreme(Mad) 2050

C. V. KARTHIKEYAN
Megala – Appellant
Versus
State Represented by Deputy Director Directorate of Enforcement Chennai – Respondent


Advocates appeared:
For the Petitioner:Kapil Sibal Senior Advocate, N.R. Elango Senior Counsel Assisted by N. Bharani Kumar, S. Agilesh Kumar, Advocates. For the Respondents: Tushar Mehta Solicitor General of India Assisted by Zohebltossain Special Counsel, Kannu Agarwal, ARL.Sundaresan Additional Solicitor General Assisted by N. Ramesh, Special Public Prosecutor.

Table of Content
1. petition for habeas corpus. (Para 1 , 2 , 3)
2. judicial considerations and recusal. (Para 4 , 5 , 6)
3. divergent conclusions by justices. (Para 7 , 8)
4. rights and legal obligations in custody. (Para 9 , 97)
5. submission to a third judge due to split opinion. (Para 10 , 11 , 12)
6. discussion on referral process and remand validity. (Para 13 , 21 , 22)
7. supreme court observations on systemic corruption. (Para 38 , 39)
8. concept of bribery in public service appointments. (Para 40 , 41 , 42)
9. investigative powers under the pmla. (Para 106 , 109 , 119)
10. conditions for custody and implications of hospitalization. (Para 192 , 200 , 201)
11. maintenance of order and judicial discretion in remand. (Para 208 , 209 , 210)
12. final judgment and next steps. (Para 217 , 218 , 219)

JUDGMENT

(Prayer: Petition under Article 226 of the Constitution of India, praying for a direction to the respondents herein to produce the body of the detenue by name Mr. Senthil Balaji, S/o. Velusamy, aged about 48 years, before this Court and set him at liberty.)

This Habeas Corpus Petition has been filed by Mrs. Megala, a lady in distress consequent to arrest of her husband V.Senthil Balaji, who

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