Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 3] - LIVE UPDATES

Desai*

J Modak - So then we'll have to see if the scheduled offence is there or not.

Desai - I was there till 7.30 on the day of the first remand. The files were not there. I left after that... The order was pronounced at 9

Desai objects, says he hasn't argued on merits.

HC - Whatever material is there is in the order, can be perused.

Desaj - I have not argued one fact. I have only argued the law. So today the attempt to place material... 

My 3 sub on habeas corpus

1. The court will have to consider if the remand order can be called absolutely illegal. Each and every contention has been dealt with. I am going to place the entire file of statements..

J Modak observes that Bhujbal's habeas corpus was filed at a much later stage..

Sr Adv Desai adds that Malik's petition was filed immediately, soon after the first remand. And that all the subsequent remands have been challenged.

ASG citing Chhagan Bhujbal's judgement that in what type of cases would a habeas corpus petition lie before the court. Only if the order passed is mechanical, non-application of mind or without jurisdiction. 

ASG- According to us this petition cannot lie as a habeas corpus petition. He can apply for bail etc. 

ASG- It is unfair to the special judge to say the remand order was mechanical.

ASG submits that therefore NawabMalik's case would not be covered by Gautam Navlakha's judgement since the SC had held that the remand order was passed mechanically in Navlakha's case. 

ASG- The finding is that the offence was of continuing nature and that it's a valid arrest. Then what's the point of going back and forth.

Merely because you don't agree with an order doesn't make it mechanical or illegal. They argued at length, it was considered.

ASG reads the Special Court's order.

J Varale - Para 19 reflects that the judge was of the opinion that a prima facie case is made out. 

ASG- Yes, I will show that the remand order mentions reasons and isn't passed without application of mind.