Thread by @lawbarandbench

#DelhiHighCourt is hearing a habeas corpus petition filed by Abu Salem challenging his extradition to India.

A bench of Justices Siddharth Mridul and AK Mendiratta is hearing the petition.
#DelhiHighCourt #AbuSalem

Advocate S Hari Haran appearing for Salem.
Bench is informed that an appeal has already been filed by Salem challenging his convictions.
Bench: This petition is not maintainable. Tell us on what grounds it is maintainable.
#DelhiHighCourt #AbuSalem

Bench: We can't declare your detention illegal without setting aside your conviction. Can we do it?
Hari Haran: Yes.
Bench: Then we disagree with you.
#DelhiHighCourt #AbuSalem

J Mridul: Since you won't withdraw it, we will dismiss it.
Hari Haran: Give me some time to take instructions. My client is not accessible.
J Mridul: Your petition is not maintainable.
#DelhiHighCourt #AbuSalem

Hari Haran refers to the Rahul Modi judgment by Justice Mridul.
J Mridul: Yes, I am aware of the judgment, I wrote it. But it has been overturned by the SC. Your petition is very ingenious but conviction cannot be challenged in habeas corpus.

J Mridul dictates order.
Order: At request of Mr Hari Haran his petition, which in our prima facie view is not maintainable, deferred.
J Mridul: You have only bought yourselves a week or two but it is not maintainable.

Court lists the case for further hearing on May 5.
Hearing over.
#DelhiHighCourt #AbuSalem