“Allahabad High Court Rejects Habeas Corpus Petition, Citing Lack of Grounds Challenging Remand Order”
In a recent judicial pronouncement, the Allahabad High Court, presided over by Hon’ble Judges Rahul Chaturvedi and Mohd. Azhar Husain Idrisi, delivered a significant judgement in a Habeas Corpus writ petition. The case, involving petitioner Golu @ Arun Patel seeking release from judicial custody, took an interesting turn when the court questioned the maintainability of the petition.
During the proceedings, the State raised objections regarding the maintainability of the Habeas Corpus petition. Instead of addressing the merits of the case, the Court directed the petitioner’s counsel to focus on the issue of maintainability. The primary prayer in the petitioner’s plea was to secure the production and release of Golu @ Arun Patel from judicial confinement.
The crucial aspect of this judgement revolved around the absence of grounds challenging the legality or jurisdiction of the remand order. The Court noted that the petitioner’s bail application had been rejected by the lower court on 11th July 2023. Shockingly, the petitioner’s counsel failed to disclose this fact during the arguments. The court deemed this concealment a deliberate and intentional attempt to hide a material fact.
The Court, citing legal precedents, emphasized that a writ of Habeas Corpus should not be entertained when a person is in judicial custody pursuant to a valid order of remand. Furthermore, the absence of any challenge to the remand order in the petitioner’s plea further weakened the case.
In light of these observations, the High Court ultimately rejected the Habeas Corpus petition. However, it did not stop there; the Court imposed a cost of Rs. 50,000 payable to the High Court Legal Services Committee as a consequence of the counsel’s failure to provide full and transparent information during the proceedings.
Date of Decision: 06/09/2023
Golu @ Arun Patel vs State Of U.P. And 4 Others
