A Bench of Justices SB Shukre and GA Sanap heard Mailk’s counsel Senior Advocate Amit Desai for a brief while before it said that it will post the matter before a regular bench.
The Court then adjourned the matter till March 7, 2022. It, however, said that any subsequent remand order by lower court will not impact the rights of both parties.
This would mean that Malik can argue on Habeas Corpus even if he is remanded by the lower court.
“We are adjourning petition by granting time till March 7, 2022 to ED to file reply. Any subsequent remand if granted, the same shall be without prejudice to rights and contentions of both parties,” the Court directed.
The High Court preferred to defer the case since it was not the regular bench slated to hear the case.
“We understand your difficulties.. but then we are not regular bench,” the Court remarked.
“I am aware of the exigencies, but with the Habeas Corpus there is question of someone’s personal liberty,” Desai replied.
“But the regular bench is sitting tomorrow,” the Bench maintained.
“In a writ of habeas corpus, tomorrow is remand date. If the (lower court) judge continues demand, they will argue that the writ is not maintainable,” Desai contended.
The Court, however, chose to defer the hearing while issuing notice to ED.
Source: Barandbench
