Delhi High Court Upholds Lawful Custody in Tihar Jail Cases: Asserts Custody Continuum in Absence of Physical Court Production

In a landmark judgment, the Delhi High Court has dismissed three habeas corpus petitions pertaining to the alleged illegal detention of individuals in Tihar Jail, underlining the principle of “custody continuum” in legal proceedings. The judgment, delivered in the cases of W.P.(CRL) 3641/2023, 3657/2023, and 3662/2023, addressed key issues surrounding the Enforcement Case Information Report No. ECIR/STF/02/2022.

The petitioners, held In Tihar Jail, challenged their detention due to the absence of a judicial remand order. They claimed a violation of their fundamental rights under Articles 14, 21, and 22 of the Constitution, arguing that their detention had become patently illegal due to the lack of a judicial custody order.

In a detailed observation, the court noted, “When the accused is not produced before such a Court on the date of hearing and no production warrant is issued for the said accused on the same date of hearing but is issued subsequently, the custody of the accused will not be in continuum and for the break period, it may be illegal.” This critical remark forms the crux of the court’s decision, emphasizing the legal framework governing custody and remand.

The respondents, represented by the Enforcement Directorate (ED), contended that the custody was lawful and in compliance with procedural norms. They argued that the issuance of valid production warrants and the status of judicial custody negated any claim of illegal detention.

The High Court, after extensive review of the submissions and relevant legal provisions under Sections 167 and 309 of the Code of Criminal Procedure (Cr.P.C.), upheld the lawfulness of the detention. The bench, comprising Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Shalinder Kaur, observed, “The learned ASJ-04 has rightly issued production warrants against the petitioners on 07.12.2023 for production of the petitioners and the petitioners remain in lawful custody of learned ASJ-04.”

Date of Decision: December 19, 2023

NITIN GARG VS UNION OF INDIA & ANR