Ravinder Kaur vs. Union Of INDIA
Facts
The petitioner, Ravinder Kaur, filed a writ petition under Article 226 of the Constitution of India seeking a writ in the nature of habeas corpus. She prayed for directions to respondents no. 1 to 3 to release her husband, who she alleged was in illegal custody of respondents no. 4 to 8. The respondents no. 6 to 8, through their counsel, submitted that the petitioner's husband was arrested due to allegations of non-payment of GST amounting to Rs. 7 crore. He had been produced before the Magistrate and remanded to judicial custody until January 6, 2022.
Held
The Court held that the present petition had become infructuous. The reasoning was based on the submission by respondents no. 6 to 8 that the petitioner's husband had been arrested for alleged non-payment of GST amounting to Rs. 7 crore and had been produced before the Magistrate, who had remanded him to judicial custody until January 6, 2022. The Court did not delve into the merits of the GST non-payment allegations or the legality of the arrest itself. The ratio decidendi is that a writ of habeas corpus is not the appropriate remedy when an individual is in judicial custody pursuant to a Magistrate's order, especially when the grounds for arrest are related to economic offenses and the custody is not demonstrably illegal on the face of it. The operative direction was to dispose of the petition as infructuous.
Key Issues
1. Whether the petition for a writ of habeas corpus is maintainable when the individual is in judicial custody pursuant to a Magistrate's order, and the grounds for arrest relate to alleged GST non-payment? (Question of law) Petitioner's argument: The petitioner contended that her husband was in illegal custody and sought his release through a writ of habeas corpus. The specific legal provisions or precedents relied upon by the petitioner were not recorded in the judgment. Respondents' argument: Respondents no. 6 to 8 argued that the petitioner's husband was arrested for alleged non-payment of GST amounting to Rs. 7 crore and had been remanded to judicial custody by the Magistrate. They implicitly argued that the custody was legal and therefore, a writ of habeas corpus was not appropriate.
AI-generated summary — verify with the full judgment below
121 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRWP-12177-2021 Date of decision : 23.12.2021 Ravinder Kaur ... Petitioner Versus Union of India and others ... Respondents CORAM: HON'BLE MR.JUSTICE VIKAS BAHL Present: Ms.Ayna Vasudeva, Advocate for the petitioner. Mr.Sunish Bindlish, Advocate for respondents no.6 to 8. (Through Video Conferencing) VIKAS BAHL, J.(ORAL) This is a petition under Article 226 of the Constitution of India praying for issuance of a writ in the nature of habeas corpus for issuance of directions to respondents no.1 to 3 for releasing the husband of the petitioner who as per the the petitioner is in illegal custody of respondents no.4 to 8. Learned counsel appearing for respondents no.6 to 8 has submitted that in the present case, there are allegations against the petitioner of having not paid GST amount of Rs.7 crore and on account of the same, the petitioner has been arrested and has been produced before the Magistrate and has also been remanded into judicial custody uptil 06.01.2022. In view of the above, the present petition has become infructuous and is disposed of.
(VIKAS BAHL) December 23, 2021 JUDGE Davinder
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