Telangana High Court Declares Detention Illegal: Violation of Procedure in Habeas Corpus Case

In a recent judgment, the Telangana High Court declared the detention of a petitioner's husband as illegal, citing a blatant violation of procedural requirements and guidelines. The case involved allegations of an arrest made without adhering to the due procedure laid down under the law, raising concerns over compliance with essential legal safeguards.

The bench, comprising Justices K. Lakshman and K. Sujana, delivered the verdict on September 27, 2023. The case centered on a writ of Habeas Corpus filed by Smt. Dubashi Swapana against the State of Telangana.

The court observed that the arrest of the petitioner's husband was conducted without adhering to the procedure prescribed by law and failed to comply with the guidelines set by the Supreme Court in the D.K. Basu case. The judgment stated, "The arrest of the husband of the petitioner is in violation of Article 21 of the Constitution of India. It is an illegal detention."

Additionally, the court raised concerns about the notice issued under Section 41A of the Criminal Procedure Code (Cr.P.C.), noting that the respondents provided no satisfactory explanation regarding its issuance and service. The judgment remarked, "There is no mention about the date, time, and place of service of the said notice on the detenu. The contention of the respondents that they followed the entire procedure laid down under law while arresting the husband of the petitioner is untenable."

As a result of the ruling, the Superintendent of District Jail, Jagdalpur, Chhattisgarh, was added as respondent No. 7 in the case. Respondent Nos. 5 to 7 were directed to release Dubashi Devender, the husband of the petitioner, immediately.

However, the court granted respondents the liberty to strictly follow the procedure laid down under the law while conducting investigations in NIA Case No. RC-01/2021/NIA/RPR, dated 18.03.2021.

This judgment underscores the importance of adhering to legal procedures and safeguarding the rights of detainees, as enshrined in Article 21 of the Constitution of India.

Date of Decision: 27 September, 2023

Smt. Dubashi Swapana   vs The State of Telangana etc.