The Allahabad High Court held that habeas corpus petitions challenging an accused’s initial arrest and remand cannot ordinarily be entertained after cognizance, framing of charges, and substantial progress in trial. “Pandora’s Box Has Been Opened,” the Court remarked on recent illegal-arrest jurisprudence.
Supreme Court Justice Gavai questioned the Delhi High Court’s reasoning in bail and remand orders during a hearing on April 30. The discussion pertained to the arrest and remand of NewsClick founder Prabir Purkayastha by the Delhi Police under the UAPA. Justice Gavai highlighted the need to adhere to the Pankaj Bansal ruling, emphasizing the requirement to inform the accused about the grounds of their arrest. The Court reserved its judgment in Purkayastha’s case for a later date.
