N.K.Assumi (Advocate) 17 February 2010
The detenue has completed one year and his detention under the NSA and is continuing for two months without further detention Orders from the approprite government. In such case should the detenue go for Writ of Habeas Corpus or section 167 or 437 or 439 applies as challan has not been filed till today by the Police against the detenues.
Suchitra. S (Advocate) 17 February 2010
Sir, I think the Habeas corpus applies, as the detention is illegal. The maximum period of detention under NSA is one year and without further orders for detention, he cannot be detained.
N.K.Assumi (Advocate) 17 February 2010
Thank you Suchitra, but the position of the detenue is such, that he can not afford for Writ of Habeas Corpus, so in alternative to the writ, should he moved for bails under 167 as challan has not been filed till today, or 439 as the case is exclusively triable by the Session Court?
Arvind Singh Chauhan (advocate) 17 February 2010
Yes Sir he should ask for bail under Sec 167 Cr.P.C.
N.K.Assumi (Advocate) 17 February 2010
But detention period is over and no police challan has been filed against the accused after one year, dont you think that 167 CrPc would be applicable. Suppose one year period is over and police filed chalan against the acused still writ of Habeas Corpus would apply and not 437 or 439 of the CrPc?
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