V Senthil Balaji split verdict: Madras High Court says Habeas Corpus maintainable even after remand if there is blatant illegality

Though the two judges on the bench, Justices Nisha Banu and D Bharatha Chakravarthy, agreed on the aspect of maintainability, they differed on the issue of the powers of the ED to seek custody of an arrested person.
Justices Nisha Banu and Bharatha Chakravarthy
Justices Nisha Banu and Bharatha Chakravarthy

A plea before High Court for issuance of Habeas Corpus writ would be maintainable even after an order of remand is passed by the Magistrate if there is absolute illegality in the arrest of the concerned person, the Madras High Court said on Tuesday.

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