Case Note & Summary
The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention under the Prevention of Terrorism Act, 2002 (POTA). They were undertrials in POTA Special Case No.2 of 2003 pending before the Special Court at Greater Mumbai, charged with three bomb blast cases: Mulund Blast (DCB-CID, C.R.No.21/03), Vile-Parle Blast (DCB-CID, C.R.No.9/03), and Bombay Central Blast (DCB-CID, C.R.No.59/03). The State had filed a joint charge-sheet on 19/7/2003. Petitioner no.5 was not arrested in the said case and objected to being tried jointly. The petitioners claimed to be Indian citizens taken into custody in April/May 2003 and sought a writ of habeas corpus directing the respondents to set them at liberty forthwith. The court heard the petition finally by consent. The court examined the nature of habeas corpus and held that the detention was lawful under POTA. The court observed that habeas corpus is not a remedy to challenge conditions of detention or to seek bail, and that the petitioners' grievances regarding bail or trial could be raised before the Special Court. The petition was dismissed.
Headnote
A) Criminal Law - Habeas Corpus - Unlawful Detention - Petitioners sought writ of habeas corpus for release from detention under POTA - Court held that detention is lawful as per POTA and habeas corpus cannot be used to challenge conditions of detention or seek bail - Petition dismissed (Paras 1-10).
Issue of Consideration
Whether the detention of the petitioners under POTA is unlawful and whether they are entitled to be released on habeas corpus.
Final Decision
Petition dismissed. The court held that the detention of the petitioners under POTA is lawful and habeas corpus cannot be used to challenge conditions of detention or seek bail.
Law Points
- Habeas corpus
- POTA
- unlawful detention
- bail
- joint trial
- right to speedy trial
