The full Bench made it clear that preventive detention can be challenged even through habeas corpus
Hyderabad High Court (Photo: DC)
Hyderabad: A full Bench of the Hyderabad High Court comprising acting Chief Justice Dilip B. Bhosale, Justice S.B. Bhatt and Justice A. Shankar Narayana on Friday ruled that the habeas corpus petitions moved by the family members of persons who were detained under Prevention of Detention Act were maintainable and these cases would be heard on priority basis by a division bench.
While clearing the ambiguity that had arisen out of a judgment delivered by a division Bench of the court that habeas corpus pleas were not maintainable on preventive detention cases, the Bench stated that all cases which were pending before the court with regard to preventive detention would be treated as a writ of habeas corpus from now.
Earlier, a division Bench had declared that preventive detention cases would be moved before a single judge as writ petition and such cases would be treated as regular cases. The full Bench made it clear that preventive detention can be challenged even through habeas corpus.
( Source : deccan chronicle )
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