In case of Rahul Lunia v State – Govt of NCT of Delhi & Ors. W.P.(CRL.) 1773/2023 & CRL.M.A. 16555/2023, CRL.M.A. 16556/2023.
A Division Bench of Justices Jasmeet Singh and Vikas Mahajan cancelled the transit remand after it was argued that the case diary and other files related to the matter were in Marathi and the Magistrate passed the remand order in a mechanical manner.
The Court relied on the judgement passed by the Supreme Court in the case of Gautam Navlakha v National Investigation Agency which held that if the remand is ‘absolutely illegal’ or the order has been passed in an ‘absolutely mechanical manner’, the person affected can seek the remedy of habeas corpus.
The order was passed in a habeas corpus petition filed by Rahul Lunia who was detained by a Mumbai Police officer on June 14. It was argued that this detention was in violation of an order passed by a Mumbai Court which had directed the Police to issue notice to him in case they want to make an arrest.
Advocate Sahil Mongia appeared for the petitioner and argued that the Magistrate should have seen the case diary and thereafter opined whether a case of transit remand was made out.
But the Magistrate in this case would not have been able to decipher the case diary since it was in Marathi and therefore, the order of transit remand was passed mechanically.