TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the petitioner's detention in the Central Jail, Visakhapatnam was illegal so as to justify issuance of a writ of habeas corpus.
Analysis: The challenge to the earlier detention in the District Jail, Darjeeling was not examined because the legality of detention in habeas corpus proceedings is tested with reference to the detention subsisting on the date of the petition. The only material question was whether the later detention in the Central Jail, Visakhapatnam, pursuant to production before the criminal court and subsequent remand orders, was without authority of law. On a construction of Sections 3, 5 and 6 of the Prisoners (Attendance in Courts) Act, 1955, the proviso to Section 6 governed the case since the order of production was made by a criminal court and the petitioner was under remand pending trial or preliminary investigation. In those circumstances, the prison was bound to comply with the warrant for production, and the petitioner's production before the court and ensuing custody were lawful. A writ of habeas corpus cannot issue where the detention is under an order of a competent court which is not shown to be wholly without jurisdiction.
Conclusion: The petitioner's detention was held to be lawful and no writ of habeas corpus was granted.
Ratio Decidendi: Where a person is detained pursuant to an order of a competent criminal court and the case falls within the statutory proviso permitting compliance with a warrant for production, habeas corpus will not lie unless the detention is shown to be wholly without jurisdiction.
TaxTMI 
