A Habeas Corpus petition challenging a remand order can be entertained only if the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, of if it is passed in an absolutely mechanical manner, the Supreme Court observed.
Barring such situations, a Habeas Corpus petition will not lie, the bench comprising Justices UU Lalit and KM Joseph observed. The court said that there is no absolute taboo against an order of remand being challenged in a habeas corpus petition.
These observations were made while considering the appeal filed by Gautam Navlakha seeking default bail in the Bhima Koregaon case. The appeal was against the order passed by the Delhi High Court in the Habeas Corpus petition filed before it.