A division bench of the Madras High Court comprising of Justice P.N. Prakash and Justice RMT. Teekaa Raman dismissed a writ of Habeous Corpus filed by the petitioner to set her father at liberty who was suffering imprisonment for the past 17 years. The court held that the imprisonment was reasonable because the accused was remanded in judicial custody in the various pending trials under Section 309 CrPC and therefore, his continued custody in prison was under valid orders of remand passed by Courts of competent jurisdiction.
Facts:
The petitioner contended that though his father, Jagadesh is charged for an offence under Section 120-B, 396 IPC and the prosecution witnesses did not implicate him in murder. Taking totality of the evidence placed before the trial Court the only offence alleged Section 397 IPC and the punishment is ten years. He is in jail over 17 years. Hence the prolonged custody is illegal and violative of Article 21 of the Constitution of India. The petitioner has filed the instant habeas corpus petition under Article 226 of the Indian Constitution, for his release on the ground that his further detention in the prison is illegal.
Observations of the Court:
The court observed that there were nine cases pending trial against Jagadesh in various Courts for various offences viz., murder, dacoity and robbery. Thus, it was apparent that Jagadesh is being remanded in judicial custody in the various pending trials under Section 309 CrPC and therefore, his continued custody in prison is under valid orders of remand passed by Courts of competent jurisdiction. In such view of the matter, the court held that a habeas corpus petition for his release cannot be maintained. The right under Article 21 would stand offended, only if the procedure under which a person has been detained is not reasonable, fair or just.
Decision:
This habeas corpus petition was dismissed at the SR stage itself as not maintainable.
Case: Mithelesh vs. The State of Tamil Nadu and 2 others
Citation: H.C.P. No. SR 29299 of 2022
Coram: Justice P.N. Prakash and Justice RMT. Teekaa Raman
Pronounced on: 14.10.2022
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