Habeas Corpus
6 articles tagged with "Habeas Corpus".
The Supreme Court’s Article 22 Reset: Kasireddy Upender Reddy and the New Architecture of Arrest Jurisprudence
The Constitutional Non-Negotiable In a term already crowded with expansive readings of Article 21—from the right to die with dignity to the right to walk on footpaths—the Supreme Court’s judgment in Kasireddy Upender Reddy v. State of A.P. (2026) 8 S...
The Supreme Court’s Article 22 Revival: Why the Mandate for Written Grounds of Arrest Changes the Game for Criminal Defense
The End of "Rubber-Stamp" Remands For decades, criminal defense practitioners across India have fought a losing battle at the first remand hearing. The police produce the accused, mumble a vague justification for the arrest, and the Magistrate mechan...
Judicial Rebellion? Allahabad HC Declares Supreme Court's "Prabir Purkayastha" & "Pankaj Bansal" Judgments Per Incuriam in Habeas Corpus Row
The Hook: A High Court Draws a Line in the Sand Against the Supreme Court If you have been practicing criminal law over the last two years, you know that the Supreme Court’s rulings in Pankaj Bansal and Prabir Purkayastha have been the golden tickets...
The "Chargesheet Cures All" Myth is Dead: Gujarat HC Drops the Hammer on Illegal Arrests Under the BNSS
The Hook: Why This Case Matters Right Now For decades, Indian prosecutors and investigating agencies have relied on a comfortable, unwritten rule: if you bungle an arrest, just stall until the Magistrate grants police remand, or better yet, rush to f...
The 15-Day Remand Myth under BNSS: Gujarat High Court Shuts Down a Clever Habeas Corpus Ploy
When the doors of the Supreme Court close on your bail application, what does a desperate defense counsel do? They comb through the statute book looking for a technicality—a misplaced comma, a drafting error, or an ambiguous proviso—to unlock the pri...
The Remand Shield is Broken: MP High Court Exposes the ‘De Facto Custody’ Loophole Under the BNSS
1. The Hook: Why This Case Matters Right Now For decades, Indian investigating agencies have operated under a comfortable illusion: once a Magistrate grants police or judicial remand, any procedural sins committed during the initial arrest are washed...
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