SC: Habeas Corpus Not Maintainable Against ED For Illegal Arrest; Has To Raise Plea Before Magistrate

The Supreme Court dismissed Tamil Nadu Minister Senthil Balaji's plea to challenge his custody by the Enforcement Directorate (ED) in a money laundering case. The court clarified that a writ of habeas corpus would not be maintainable on the grounds of illegal arrest by the ED and emphasized that such pleas should be raised before the concerned Magistrate, as custody becomes judicial.

The division bench comprising Justice A S Bopanna and Justice M M Sundresh stated that a writ of habeas corpus could only be issued when the detention is deemed illegal. They pointed out that an order of remand by a judicial officer, culminating into a judicial function, cannot be challenged through a writ of habeas corpus. Instead, the person aggrieved can seek other statutory remedies. However, if there is non-compliance with mandatory provisions and a total lack of application of mind, a writ of habeas corpus may be entertained in specific circumstances.

The court clarified that habeas corpus pleas may be considered only when the mandate under Section 167 of CrPC, 1973, and Section 19 of PMLA, 2002, is not followed and is specifically challenged. Yet, when an order is passed by a Magistrate with proper reasons for remand, it cannot be challenged through the writ jurisdiction under Article 226 of the Constitution.

The judges stressed that habeas corpus writs are applicable when a person is not produced before the court, as mandated under sub-section (3) of Section 19 of the PMLA, 2002, as it results in judicial custody. In such cases, the concerned court would be better positioned to consider compliance.

The ruling is based on the precedent set in the State of Maharashtra v. Tasneem Rizwan Siddiquee, (2018) 9 SCC 745, which differentiates between illegal detention due to non-compliance with statutory mandates and errors in a judicial order.

With this decision, the Supreme Court has provided clarity on the scope of habeas corpus pleas concerning money laundering cases and the availability of other statutory remedies in such situations.

Author: Anushka Taraniya

News Writer, MIT ADT University