The Madras High Court on Tuesday dismissed a habeas corpus petition filed by activist Thirumurugan Gandhi’s father, S. Gandhi, 72, accusing the Chennai police of having illegally detained his son in a one-year-old criminal case after a judicial magistrate refused to remand him in judicial custody in a sedition case registered recently.
A Division Bench of Justices C.T. Selvam and M. Nirmal Kumar rejected the petition on the ground that it was not maintainable. They held that a habeas corpus petition could not be entertained by the High Court when the petitioner’s son had been remanded to judicial custody by an order passed by a competent Judicial Magistrate.
The judges said that the accused was free to file a bail application before the court concerned.