The Writ of Habeas corpus would not lie in respect of person who is in Judicial custody : Delhi High Court

The Delhi High Court Fri day dismissed a plea on be half of student-activist Gul fisha Fatima, claiming her detention in a Delhi riots case to be illegal, saying it was “completely mis placed” and “not maintainable”.

A Bench of Justices Vipin Sanghi and Jasmeet Singh said the writ of habeas cor pus would not lie in res pect of a person who is in judicial custody. A habeas corpus petition is filed seeking direction to pro duce a person who is mis sing or illegally detained.

“The facts will show that the petitioner is in judicial custody and detention, therefore, cannot be termed as illegal,” the Bench said.