SC to probe production right of jailed accused
The SC indicated it may examine a crucial question of law as to whether a person in judicial custody, should be produced before a magistrate.
New Delhi: The Supreme Court on Wednesday indicated
it may examine a crucial question of law as to whether a
person in judicial custody, if arrested in another case,
should be produced before a magistrate within the stipulated
A three-judge bench of justices Altamas Kabir, SS Nijjar
and J Chalameshwar, posted the matter for Friday while staying
a Madras High Court order directing former DMK Minister KN
Nehru to appear before a trial court in a criminal case.
Nehru was already in judicial custody in a case but
police arrested him again on October 3 in connection with
another land-grabbing case.
According to senior counsel Amarender Saran and counsel
Amit Anand Tiwari appearing for Nehru, the former minister was
produced before a magistrate only on October 7 who refused to
remand him as he was not produced within the stipulated 24
hours as mandated under Articlce 22(2) of the Constitution and
Section 57 CrPC.
However, the High Court had, on an appeal from the state
government, taken the view that there was no need for the
police to produce him before a magistrate within 24 hours
since he was already in judicial custody.
Aggrieved, Nehru appealed in the apex court.