Deepak Talwar, an accused in a money laundering case, on Thursday withdrew from the Delhi High Court his plea in which he claimed that his arrest since January 30 was illegal.
Talwar’s counsel sought to withdraw the habeas corpus petition while referring to a recent judgment of the Supreme Court.
Habeas corpus petition
The top court had said that a challenge to the order of remand is not to be entertained in a habeas corpus petition — a writ requiring a person under arrest to be brought before a judge or in court, especially to secure his release, unless lawful grounds are shown for his detention.
A Bench of Justices Hima Kohli and Vinod Goel allowed Talwar, a corporate lobbyist, to withdraw the petition and disposed of the matter. Advocate Tanvir Ahmed Mir, appearing for Talwar, said he would file a bail application in the trial court raising the legal and factual issues.
The court was hearing a habeas corpus plea which claimed that his arrest and custody from January 30 onwards was illegal detention. He has alleged that his fundamental rights were violated by the authorities.
The court had on March 27, refused to entertain Talwar’s prayer challenging the Constitutional validity of various provisions of the Prevention of Money Laundering Act (PMLA), including the agency’s power to arrest and burden of proof.
Central government’s standing counsel Amit Mahajan had informed the court that the challenge to sections 19 (power to arrest) and 24 (burden of proof) of the PMLA is pending consideration before the apex court.
