Arnab Goswami's Habeas Plea Against His Arrest In 2018 Abetment To Suicide Case -LIVE UPDATES From Bombay High Court
Arnab Goswami had originally filed a bail application before the Magistrate and it was withdrawn saying Magistrate did not give a returnable time : Amit Desai for State.
Arnab Goswami is not under "unlawful custody". He is under custody based on a judicial order : Amit Desai for State.
Arnab Goswami is under custody pursuant to November 4 order of Magistrate. The jurisdiction of Magistrate is not challenged. That being a judicial order, this particular petition will not survive : Amit Desai for State.
Amit Desai continuing arguments for the Maharashtra police. Argues that habeas petition is not maintainable, referring to Siddique decision of SC.
The bench of Justices S S Shinde and M S Karnik has re-assembled to resume hearing in Arnab Goswami case.
The bench takes a break now. Will resume hearing at 3.10 PM.
The bench says the compilation of judgments are not in order.
Amit Desai requests the bench to take the 3 PM break now and that he will set the compilation in order in the meanwhile.
Amit Desai now referring to SC decision in "Saurabh Kumar vs Jailor,Koneila Jail & Anr" for his argument that habeas corpus petition is not maintainable.
No writ of habeas corpus can be issued if a person is in custody in pursuance of a judicial order : Amit Desai submits referring to the above precedent.
Amit Desai next refers to "State of Maharashtra and others versus Tasneem Rizwan Siddiquee reported in 2018 (9) SCC 745" to state habeas is not maintainable against judicial order of remand.