2023 (7) TMI 383 - SCH - Money Laundering

Maintainability of the Habeas Corpus Petition - exclusion of the period of treatment undergone by the detenu from the period of custodial interrogation - HELD THAT - Since both these issues are likely to be examined by the High Court on the date fixed, i.e., 22- 06- 2023 or soon thereafter, it is deemed appropriate to post these Special Leave Petitions for further hearing on 04 -07- 2023. It is clarified that the pendency of these Special Leave Petitions shall not be taken as a ground to adjourn the matter, pending adjudication before the High Court.

Summary

Issues involved:
1. Maintainability of the Habeas Corpus Petition
2. Exclusion of the period of treatment undergone by the detenu from the period of custodial interrogation

Summary:

Regarding the first issue of the maintainability of the Habeas Corpus Petition, the Supreme Court noted that the High Court is yet to provide its final opinion on this matter. The Court highlighted that this issue, along with the exclusion of the period of treatment undergone by the detenu from the custodial interrogation period, is expected to be examined by the High Court on the scheduled date or soon thereafter. Consequently, the Supreme Court decided to defer further hearing on the Special Leave Petitions to a later date, specifically on 04-07-2023.

Furthermore, the Supreme Court clarified that the pendency of these Special Leave Petitions should not be used as a reason to delay the ongoing adjudication process before the High Court. Additionally, the Court emphasized that any observations made by the High Court in its interim order or by the Supreme Court during the hearing would not impact the case's merits.