Reassignment of NIA and Habeas Corpus Cases | 03 Sep 2024

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.