Court rules detention under judicial remand not illegal, reinforces lawful custody during trial
In a pivotal decision, the Gujarat High Court has dismissed the habeas corpus petitions filed by Vinodbhai Tilakdhari Tiwari, who sought the release of his sons Vipul and Pratik Tiwari from alleged illegal detention. The court ruled that their detention is pursuant to a judicial order of remand, thus lawful, and not subject to habeas corpus relief unless proven to be absolutely illegal, jurisdictionally flawed, or mechanically passed.
The case, presided over by Justices N.S. Sanjay Gowda and D.M. Vyas, revolved around the legal intricacies of custody under the Bharatiya Nagarik Suraksha Sanhita, 2023, particularly Section 346(2). The petitioners contended that the remand order exceeded the 15-day limit stipulated for custody adjournments, thus rendering it illegal. However, the court clarified that this limit applies only when an accused is remanded to custody for the first time during trial adjournment.
The bench emphasized that the custody of law persists until bail is granted, discharge, or acquittal occurs. They also noted that there are specific statutory provisions under Sections 479 and 480(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which govern bail entitlements during a trial, neither of which were applicable to the Tiwari case as it was triable by a Sessions Court.
The court reiterated that habeas corpus is an extraordinary remedy reserved for instances of unlawful detention, not applicable when custody results from a valid judicial remand. The ruling underscores the legal framework ensuring that accused individuals remain in custody during trials unless specific conditions for bail are met.
This case highlights the judiciary's role in maintaining the balance between individual rights and procedural law, reinforcing that lawful custody during a trial, as per judicial order, cannot be challenged through habeas corpus unless the remand is procedurally flawed.
Bottom Line:
A writ of habeas corpus is not maintainable if the detention is pursuant to a judicial order of remand, unless the remand is absolutely illegal, afflicted with lack of jurisdiction, or passed in an entirely mechanical manner.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 346(2), 479, 480(6).
Vinodbhai Tilakdhari Tiwari v. State Of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2841132
