Jammu & Kashmir
Reassignment of NIA and Habeas Corpus Cases
- 03 Sep 2024
- 3 min read
Why in News?
Recently, NIA (National Investigation Agency) and Habeas Corpus cases at the J&K High Court were reassigned to a new bench in Srinagar following a series of rulings by Justice Sreedharan.
Key Points
- Roster Change: An order modified the existing roster for NIA and Habeas Corpus cases, shifting them from Justice Atul Sreedharan's bench to a new Special Division Bench of Justices Rajnesh Oswal and Mohammad Akram Chowdhary.
- A roster is a systematic plan for assigning tasks to members of a High court to increase efficiency.
- Rarity of Shift: Midway shifting of cases from a particular bench to a completely new bench is a rare occurrence.
- Significant Rulings of Justice Sreedharan:
- Public Safety Act, 1978 (PSA) Case: Justice Sreedharan in July 2024 imposed a fine on the District Magistrate for vague and confusing reasoning in a preventive detention case.
- Fundamentalist Ideology: He challenged the labeling of a detainee as a "fundamentalist" and clarified its meaning in context in the August, 2023 case.
- Policeman Bail Case: Granted bail to a policeman charged with murder due to a delayed trial, citing a violation of Article 21.
- Fahad Shah Case: Questioned the application of UAPA (Unlawful Activities Prevention Act) charges against journalist Fahad Shah, noting insufficient evidence of incitement to violence.
Habeas Corpus
- It is a Latin term which literally means ‘to have the body of’. Under this the court issues an order to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.
- This writ is a bulwark of individual liberty against arbitrary detention.
- The writ of habeas corpus can be issued against both public authorities as well as private individuals.
- The writ, on the other hand, is not issued where the:
- detention is lawful,
- the proceeding is for contempt of a legislature or a court,
- detention is by a competent court, and
- detention is outside the jurisdiction of the court.
