Thread by @barandbench

#SupremeCourt to shortly hear plea by a 42 year old spiritual practitioner challenging Kerala High Court order where habeas corpus plea seeking release of his spiritual live in partner from her parent's forceful custody was denied. Plea states HC order contrary to #HadiyaCase

Senior Adv Gopal Sankaranarayanan: Please refer to the HC judgment. It's stated that the HC recalled interaction with the girl where she denied a divine relationship with the spiritual guru

CJI:can permit you to approach HC and seek intervention. Without that we cant do anything

CJI: I think there is a communication gap between us. Mental illness is one thing and illegal detention of the woman. She is in custody of parents. Custody is different than illegal detention

Sankaranarayanan:Custody becomes illegal when an adult says she is in illegal detention

Sankaranarayanan: Please look at the Mental health act. They take custody to be legal only because she is mentally ill?

Judges discuss among themselves.
#SupremeCourt

Sankaranarayanan: Adult can never be in the custody of another adult. There is no such law. Custody of parents is based on total fact that she is mentally ill. She is a gold medallist. Experts can arrive at such a conclusion, courts cannot arrive at such a conclusion

CJI: Was she stopped to go to college?

Sankaranarayanan: Why are antecedents of the petitioner being looked into

CJI: we will dismiss it with reasons and will let you know the reason. Where is the finding of illegal detention

Sankaranarayanan: Maybe I am not making myself clear

CJI: not at all

Sankaranarayanan: When an adult person says they are in illegal detention then they have to be released

CJI: No the court can enquire with it if the judge does not agree with it.

CJI: We will not go into question of facts

Sankaranarayanan: This looks like an issue of semantics. Allow me to withdraw and approach HC for a finding on illegal detention

CJI: don't tell us what is semantics and what is not semantics. We know what we are saying

CJI: It is obvious that finding of illegal detention is sine qua non for maintainability of habeas Corpus plea. Petitioner allowed to approach HC for a finding on this aspect.

#SupremeCourt

For Habeas Corpus, illegal detention needs to be proved: Supreme Court on plea for release of live-in partner from parents' custody

reports @DebayonRoy

#HabeasCorpus #SupremeCourtOfIndia #SupremeCourt

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