VidhiSangh

Supreme Court of India · 05/09/2018

THE STATE OF MAHARASHTRA & ORS. versus TASNEEM RIZWAN SIDDIQUEE

[2018] 11 S.C.R. 374 · 2018 INSC 783

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Summary

The Supreme Court set aside a habeas corpus order releasing a person whose police custody was authorised by an operative, unchallenged Magistrate’s remand order. It also expunged scathing remarks against police officers made without an opportunity to explain on affidavit. Since the person had already been released, further action had to proceed strictly according to law, rather than merely because the High Court’s order was set aside; guilt and the correctness of the charges remained open.

Issues

  1. Whether habeas corpus was available during police custody authorised by an operative and unchallenged judicial remand order.
  2. Whether adverse remarks against police officials and consequential further action were justified.

Held

Result

State’s appeal allowed; habeas corpus order set aside and adverse remarks expunged. Further investigation or action permitted strictly according to law; no automatic rearrest directed.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 374.