Thread by @LiveLawIndia

#SupremeCourt to hear today ED’s plea challenging the Madras HC order which allowed the shifting of Tamil Nadu minister Senthil Balaji to private hospital.
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SG Mehta: I was going to say that this kind of order sets a wrong precedent. But a common man doesn't get the benefits of habeas when arrested...

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SG Mehta: Other side's argument would be that it's an interim order, go argue. That I'll address it first. The Supreme Court has held in its judgement that where notice is made returnable and not the date of filing.

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SG Mehta: This was read before the High Court but they still passed their order...It is not an interim order, the court has entertained the petition...

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Justice Surya Kant: These two questions High Court has formulated. HC has used a very guarded language, HC is aware of the fact. first, the HC will determine whether it is factually correct.

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Justice Surya Kant: The HC is yet to opine whether merely because the facts are correct, would he get a habeas. HC has by asking this second question has obliged itself.

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Justice Sundresh: HC doesn't say that it is maintainable.

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Justice Surya Kant: Will it not amount to passing a preventive order? Should an opportunity not be given to HC to render its view point? You're right that there are cases where HC held erroneous orders...today you're having some apprehensions in mind.

SG Mehta: My apprehension is because that you're supposed to look at when you issue notice and make it returnable.

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Justice Surya Kant: We have no doubt in HC's ability to adjudge...HC has merely issued a notice in the Habeas Corpus petition...HC also feels that even if the facts are correct, it may not be enough to maintain a habeas Corpus petition.

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Justice Surya Kant: So you can argue before HC.

SG Mehta: HC has not just issued notice but HC has passed an interim order...

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Justice Surya Kant: Noone can take away your right of remand. You're entitled to it. The only question is should it be deferred or postponed till the day that the person's ailment, surgery is recovered.

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SG Mehta: In Kulkarni case, first 15 days are crucial.

Justice Surya Kant: We are aware of that...but you had raised this before the HC.

SG Mehta: I am earnestly requesting that please don't leave it to their discretion

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Justice Surya Kant: No we're not leaving to their discretion. We're saying we'll keep the SLP pending...

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Justice Surya Kant: It is in the interest of the ED that the HC looks at it first.

SG Mehta: Kindly say that till then the time would be excluded from those 15 days.

Justice Surya Kant: We will say so if HC fails to say so

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Justice Surya Kant: We are confident that the HC is fully aware of the law...in any case if an inferior court fails to appreciate law, we are sitting here.

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SG Mehta: I know all people are equal but some are more equal than others...this will set a very wrong precedent.

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SG Mehta: Your lordships know under what circumstances habeas is entertained.

Justice Surya Kant: HCs are very robust in such situations. They are also constitutional courts.

SG Mehta: Kindly extend the period in which HC has...

Justice Kant: Wait for that occasion to come.

SG Mehta: Here is the case where because of HC interference we're unable to exercise our right of remand...we cannot be rendered remediless

Justice Surya Kant: Nobody has rendered you remediless. No court can render you remediless. Let's be clear about that.

SG Mehta: Today is passed, yesterday is passed- it is counted and deducted from 15 day period.

Justice Surya Kant: You're apprehending that

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Justice Surya Kant: You're entitled to constitute a medical team, get a medical opinion - see if he can join the interrogation.

SG: Kindly say that!

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Justice Surya Kant: You should have simply said before the PMLA court that the HC has given him an order to be transferred to hospital...

SG Mehta: Anupam Kulkarni doesn't give me that option. I had to ask for remand.

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Justice Surya Kant: We're not saying that we're not examining. We're only saying at what stage we'll like to examine.

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SG Mehta: He gets himself rightfully or wrongfully admitted. The HC doesn't examine, the trial court says that it won't examine...

Justice Surya Kant: This is only your apprehension. Let's wait for what the HC has to say.

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Justice Surya Kant: HC says it will consider this question on 22nd. Let the HC do that.

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Senior Advocate NK Kaul: The HC itself has said that both the issues have been left open.

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Justice Sundresh: If the HC holds one way or another, either you will come or they will. We will hear then.

Kaul: Absolutely! The HC has left both the Navalakha and Kulkarni questions open.

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Kaul: You're saying I fabricated four blockages in my heart!

SG Mehta: I'm not on that. That may be or may not be. I'm saying that the 15 days will pass...

Justice Surya Kant: don't worry about that, we are here.

SG Mehta: That assures me.

Justice Surya Kant: We will just pass a two line order today and then see...none of you should have any apprehension. Both sides should argue before HC...

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Justice Surya Kant: Since the HC is yet to render its final opinion regarding the maintainability of habeas Corpus petition and the exclusion of the period of treatment undergone by the detenue from the period of custodial interrogation...

Justice Surya Kant: ...and since both these issues are likely to be examined by the HC on 22 June or after, we deem it appropriate to list this SLP for hearing on so and so date. We request the HC to proceed with the matter on merits.

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Justice Surya Kant: It is clarified that the pendency of this SLP shall not be taken as a ground to adjourn the hearing before the HC.

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Justice Surya Kant: The observations made by the HC in interim order and any oral observations made by this court shall have no bearing on the case.

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SG Mehta: It's really heartening that every common man would have the remedy of a habeas before a division bench.

Kaul: It's disheartening that fundamental rights are violated. Let's not get into sarcasm where it is not needed.

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Justice Surya Kant: Post for 4th July.

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