SC issues notice to MP on plea challenging continued detention

The Supreme Court agreed to examine whether a habeas corpus petition is maintainable against continued detention through successive arrests. It issued notice to the Madhya Pradesh government on a gangster's plea alleging illegal custody and failure to provide written arrest grounds

New Delhi: The Supreme Court has agreed to examine the legal question whether a habeas corpus petition challenging the continued detention of an accused due to successive arrests is maintainable. A bench of justices MM Sundresh and Sheel Nagu issued notice to the Madhya Pradesh government on a plea filed by a gangster, who is in custody since August 2021, despite not having been supplied written grounds of arrest.

The top court was hearing a plea filed by Haji Abdul Razzak challenging an order of the Madhya Pradesh High Court which dismissed his habeas corpus petition while holding that his detention could not be termed illegal as he was currently in custody in connection with criminal cases registered against him.

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Senior advocate Siddharth Dave, appearing for Razzak, challenged the high court decision and submitted that the grounds of arrest were not supplied to the petitioner in writing.

Additional Solicitor General SV Raju, appearing for the Madhya Pradesh government, questioned the maintainability of habeas corpus petition and said the high court order rightly dismissed his plea.

Razzak had moved the high court claiming that police had repeatedly used the National Security Act and successive criminal cases to keep him in jail.

The petition submitted that three separate detention orders issued under the NSA had been revoked after they failed to secure approval from the advisory board.

The petitioner said that whenever he obtained relief in criminal proceedings, fresh cases were registered against him to ensure his continued custody.