Kamlesh Tiwari v. Union of India, (SC) BS801165
SUPREME COURT OF INDIA

Before:- Dipak Misra and Chockalingam Nagappan, JJ.

Writ Petition (Criminal) No. 117 of 2016. D/d. 26.8.2016.

Kamlesh Tiwari - Petitioner

Versus

Union of India And Ors. - Respondents

For the Petitioner :- Mr. Hari Shankar Jain, Mr. Vishnu Shankar Jain, Advocates. Mr. Ankur S. Kulkarni, AOR.

Constitution of India, 1950 Articles 32 and 139A Habeas Corpus - Transfer to High Court - Habeas corpus petition to be given immediate attention and steps to be taken to decide it forthwith - High Court be alive to same and dispose of habeas corpus writ petition within four weeks.

[Paras 3 and 4]

ORDER

We have heard Mr. Hari Shankar Jain, learned counsel for the petitioner.

2. The singular grievance in this writ petition is that Habeas Corpus Writ Petition No.5369 of 2016, pending in the High Court of Allahabad, Lucknow Bench, Lucknow, has not yet been decided.

3. Having heard Mr. Jain, learned counsel for the petitioner, we request the High Court to dispose of the writ petition within four weeks from today. Be it noted, we have fixed four weeks as we have been apprised that the matter is listed on 30st August, 2016, and the petitioner's detention period is coming to an end on 9th December, 2016. In our view, a habeas corpus petition has to be given immediate attention and steps should be taken to decide it forthwith.

4. We are sure that the High Court shall be alive to the same and dispose of the habeas corpus writ petition within four weeks hence. When we say that it shall be disposed of within four weeks, it means that the matter shall be heard and the judgment shall be delivered within the said period.

5. With the aforesaid observation and request, the writ petition stands disposed of.

6. The Registry is directed to send a copy of the order passed today to the Registrar General of the High Court of Allahabad and also to the concerned Registrar of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow.

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