SAJJAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the petitioners have sought for issue of a writ in the nature of habeas corpus directing the respondent to release the petitioners from the alleged illegal custody.

(2.) THE petitioners have alleged that they were arrested along with the notorious criminal tanveer Ahmed alias Tanveer on 8-5-2004. The first petitioner was thereafter produced before the Jurisdictional Magistrate on 9-5-2004 and police custody was obtained until he was remanded to the judicial custody. That likewise, the second petitioner was also remanded to judicial custody till 31-5-2004. That thereafter their ju-dicial remand was being extended without being produced before the Court. It is stated that it was mandatory on the part of the police to produce the petitioners before the court and it is only then that the Court could remand them to judicial custody. It is stated that the petitioners were transferred to belgaum Central Prison from Bangalore and from there to Bellary Central Prison. The petitioners have stated that several irregularities have been committed by the Court as well as the police which affect their liberty and constitutional rights. It is therefore, submitted that they have been kept under illegal custody and hence, they are entitled for a direction to be set at liberty forthwith.

(3.) WE have heard Sri Anees Ali Khan appearing for the petitioners and Sri H. S. Chandramouli, the learned SPP. It is submitted on behalf of the State that it is true that the petitioners have been arrested and kept in judicial custody and transferred to the different place under orders from the. Court. It is also stated that it is true that sometimes because of lack of escorts the prisoners could not be produced before the court and in such circumstances the Court passed the remand orders which cannot be seated to be illegal orders.