The Supreme Court on Tuesday posted for hearing on Wednesday a special leave petition filed by former DMK Minister K.N. Nehru questioning the Madurai Bench's order of the Madras High Court asking him to appear before a trial court on Wednesday in a case in which he was shown to have been arrested on October 3.
A Bench of Justice Altamas Kabir and Justice S.S. Nijjar, posted the SLP for hearing after senior counsel Amarendra Saran and counsel Amit Anand Tiwari, made a ‘mention' of the urgency of the matter.
Mr. Saran argued that though the date of arrest of the appellant was shown as October 3, he was produced before the magistrate only on October 7, and the magistrate refused to pass an order of remand on the ground that the appellant was not produced within 24 hours of arrest. However, the High Court holding that there was no requirement to produce a person before the Magistrate within 24 hours as he was already in custody, set aside the order and directed the appellant to surrender on November 9 before the Judicial Magistrate V, Tiruchi.
Justice Kabir told counsel that the petition would be listed Wednesday if it was otherwise in order.
Mr. Nehru said the SLP raised important question of law as to whether the requirement of producing an accused arrested in a case within 24 hours [as mandated by Article 22(2) of the Constitution and Section 57 of Cr.P.C] would apply even in cases of arrest of the accused already in custody in relation to some other case.
He said, “In the instant case, issue of mala fide, political vengeance and malice in law and fact is also apparent on the face of record. The case of political vendetta, malice in law and fact has not at all been adverted by the High Court thereby passing an order which cannot be sustained in the eyes of law.”
A single judge referred the matter for posting before a Division Bench. The Madurai Bench of the High Court on November 3 set aside the trial court's order and directed him to appear in the court on November 9. Hence, the present SLP seeking to quash the impugned judgment and an interim stay of its operation.
