Sangeeta Jain vs. The Union Of INDIA
Facts
The petitioner, Sangeeta Jain, filed a writ petition seeking a mandamus against the respondents, particularly the Directorate of Revenue Intelligence (DRI). She alleged that on July 21, 2025, her husband was taken into custody by the 4th respondent at Rajiv Gandhi International Airport, Hyderabad, while traveling from Kolkata. The petitioner claimed her husband's statements were obtained forcibly and that based on these, the DRI was trying to implicate him as an accused in an alleged crime. She further alleged illegal detention without material evidence and sought disciplinary proceedings against the 4th respondent. The husband was reportedly apprehended in connection with the arrest of Ms. Harshavardini Ranya on March 1, 2025, for smuggling gold bars.
Held
The High Court held that it would not be proper or justified for the Writ Court to enter into the disputed facts of whether the custody of the petitioner's husband was proper, legal, and justified. The Court was not inclined to entertain the writ petition at that juncture. The reasoning was based on the complexity and disputed nature of the facts presented. The Court disposed of the writ petition, reserving the right of the petitioner to pursue appropriate legal recourse available under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, or any other governing law. No order as to costs was made.
Key Issues
1. Whether the High Court, in its writ jurisdiction, should delve into the disputed facts concerning the legality and justification of the petitioner's husband's custody, given the allegations of forcibly obtained statements and lack of material evidence. Petitioner's Contention: The petitioner argued that the actions of the 4th respondent were arbitrary and illegal, violating her husband's rights under Article 21 and 300-A of the Constitution of India. She sought a direction for disciplinary proceedings against the 4th respondent for illegal detention and the use of forcibly obtained statements. Respondents' Contention: The judgment does not explicitly record arguments made by the respondents. However, the Court's decision implies that the respondents likely did not concede to the petitioner's claims regarding the illegality of the detention or the statements.
Sections Cited
Article 21, Article 300-A, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
AI-generated summary — verify with the full judgment below
[ 348e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO:22755 OF 2025 Between: Sangeeta Jain, Wo Bharath Kumar Jain 14-73, Mandapala Street Opp Raghavendra Swamy Temple Nellore City, Nellore District Andhra Pradesh- 524001 ...PETITIONER AND 1 The Union of lndia, Rep by the Secretary Finance Ministry of Finance, North Block New Delhi 1'10 001 The State of Telangana, Rep by the Principal Secretary to the Government Revenue CT Department, Secretariat Building Hyderabad Telangana Principal Commissioner of Customs and Central Tax Appeal GST Bhavan, Vllth Floor Lal Bahadur Stadium Road Basheer Eagh Hyderabad 500004 Directorate of Revenue intelligence, Hyderabad Zonal Unit H. No. 10- 02- 28915711 and 5712 Suryavanshi Residency, 2d Cross Road Shanthinagar, Masab Tank Hyderabad- 500028 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a dir
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