Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]

The Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the cour is indispensable.

Holding thus, a division bench comprising Justices T S Sivagnanam and Pushpa Sathyanarayana recalled an order passed on June 15 to grant interim bail to a detenu, after considering the objections raised by the Tamil Nadu government against his release(The Government of Tamil Nadu and another v. S Indira Moorthy).

While acknowledging that the Court has power to grant interim bail in habeas matters challenging detention, the Court added that such power has intrinsic restrictions.

"...we are of the view that though this Court has got jurisdiction to grant interim bail in deserving cases, the exercise of such jurisdiction and power has intrinsic restrictions, as has been laid down in a catena of decisions of the Hon'ble Supreme Court", the HC observed.

The judgment authored by Justice Pushpa Sathyanarayana added :

"...we have no hesitation to hold that the prayer for interim bail cannot be normally entertained by this Court in Habeas Corpus Petition, unless and until, it has been made out that intervention of this Court is indispensable at that stage".

"...it is amply clear that this Court while dealing with habeas corpus petitions under Article 226 of the Constitution, wherein, the validity of the detention orders are sought to be questioned, has jurisdiction to grant interim bail, but the exercise of the said jurisdiction is inevitably circumscribed by the considerations which are special to such proceedings", the Court added.

The Court was dealing with the detention of a person who was branded a "sand offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand-Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982.

After the detenu was granted interim bail on June 15, the Government moved an application seeking recall of that order, contending that the detenu cannot be released on interim bail on the ground that he was not produced before the Advisory Board, as there is no provision in the Act 14 of 1982, that mandates the production of the detenue before the Advisory Board.

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