Notice on Habeas Corpus Petition issued by the Allahabad HC

Notice on Habeas Corpus Petition issued by the Allahabad HC.

On Wednesday, (18 November 2020) the Allahabad High Court has issued notices on a Habeas Corpus petition filed by alleged three PFI members, arrested by the Deputy Superintendent of Police while they were going to Hathras to meet family of the deceased gang-rape victim and later remanded to judicial custody by CJM Mathura.

A Two Judge Bench of Justice Pritinker Diwaker and Justice SC Sharma has issued notices to the Central Government, UP Government, Superintendent of Jail (Mathura), & Prabal PratapSingh (Sub-Inspector, PS Maant, Mathura – the informant/complainant)

Firstly, the matter came up on Tuesday, whereby this Court had granted one day time to the Petitioners to amend their petition. Now, the petition categorically challenges the order of Judicial remand, stating that the same is unlawful and have lack of jurisdiction with the commencement of the National Investigation Agency Act, 2008. Also, the Court of Magistrate is no more a Court now for Offences under the Unlawful Activities Prevention Act, 1967.

Therefore, the Court has proposed to the learned counsel of Petitioners to carry out necessary amendments by 20th November.

Hence, the Court has listed the matter for hearing on December 14th, 2020.