Plea against detention has to be given immediate attention: SC

RSTV Bureau
File Photo: File photo of Supreme Court of India. Photo - PTI

File Photo: File photo of Supreme Court of India.
Photo – PTI

The Supreme Court has said that a habeas corpus plea, relating to legality of arrest, detention or imprisonment of a person, has to be given “immediate attention” and steps should be taken to decide it forthwith.

The apex court said this while hearing a matter arising out of Uttar Pradesh court and asked the Lucknow bench of Allahabad High Court to decide within four weeks the plea by a man, who has been “detained” and is seeking expeditious disposal of his habeas corpus petition.

“In our view, a habeas corpus petition has to be given immediate attention and steps should be taken to decide it forthwith. We are sure that the High Court shall be alive to the same and dispose of the habeas corpus writ petition within four weeks hence,” a bench of justices Dipak Misra and C Nagappan said.

“When we say that it shall be disposed of within four weeks, it means that the matter shall be heard and the judgement shall be delivered within the said period,” the bench said.

The petitioner claimed in his plea that he has been illegally detained under the National Security Act (NSA) by the Uttar Pradesh Police and had filed a habeas corpus petition before the Lucknow bench of Allahabad High Court in the matter.

According to the petitioner, he was arrested in December last year and was granted bail but on December 9, 2015, the DM passed an order for detaining him under the provisions of the NSA.

He said that in March 2016, he had filed a habeas corpus plea in the High Court challenging the detention order but the petition is still pending adjudication there.

(With inputs from the PTI)