https://www.taxtmi.com/caselaws?id=196612 In habeas corpus proceedings, continued detention under a valid remand order passed by a competent court can be lawful even if the initial arrest or detention was allegedly contrary to Articles 21 and 22 of the Constitution. The Court distinguished unlawful initial custody from subsequent judicial custody, holding that the legality of detention must be tested at the time release is sought. It preferred authorities recognising that a later valid remand cannot be ignored, and overruled decisions treating non-compliance with Article 22(1) as an incurable defect to that extent. An accused in judicial custody under a valid remand cannot be released solely because the earlier detention was unlawful. en-us Wed, 29 Oct 1997 00:00:00 +0530 Fri, 08 Dec 2017 18:39:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196612 In habeas corpus proceedings, continued detention under a valid remand order passed by a competent court can be lawful even if the initial arrest or detention was allegedly contrary to Articles 21 and 22 of the Constitution. The Court distinguished unlawful initial custody from subsequent judicial custody, holding that the legality of detention must be tested at the time release is sought. It preferred authorities recognising that a later valid remand cannot be ignored, and overruled decisions treating non-compliance with Article 22(1) as an incurable defect to that extent. An accused in judicial custody under a valid remand cannot be released solely because the earlier detention was unlawful. Case-Laws Indian Laws Wed, 29 Oct 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196612