In the split verdict passed last month, the High Court division bench held that a habeas corpus plea 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.
However, while 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.
While Justice Banu ruled that the Minister’s arrest by the ED was illegal, Justice Chakravarthy differed and held that there had been no illegality or misuse of law in Balaji’s arrest and, therefore, the habeas corpus petition was not maintainable.
After both judges pronounced their respective orders, Justice Banu directed the Registry to place the matter before the Chief Justice for further orders.
The matter was then heard by Justice Karthikeyan, who dictated his judgment in open court today after hearing arguments over the course of this week.
Source: Barandbench
