Habeas Corpus application —– Illegal detention —- The petitioner sought the directions of issuance of writ of habeas corpus for the respondent no.6 – brother of the present petitioner, allegedly illegally confined by the respondent no.2 since 18.03.2022, who is a tax consultant. It is contended that the brother of the petitioner has been illegally confined and although the petitioner approached the authorities time and again and made all his efforts to trace the brother of his, who is neither permitted to contact him nor was his brother allowed to meet anyone. The petitioner approached the Court but meanwhile, a phone call was received informing that the respondent no.6 has been arrested. The court observed that illegal detention is a precondition for issuance of a writ of habeas corpus. The custody of Corpus - Respondent No. 6 no longer remains illegal. The Petitioner has not challenged the summons issued under Section 70 of the Act. Therefore, the very basis leading to arrest on 23.03.2022 has not been challenged by the Petitioner.

Held that:- The Hon’ble High Court directed that a writ of habeas corpus need not be entertained. However, directed the respondent Officers to exercise restraint while dealing with search, inquiry or issuance of summons and subsequent interrogation. Merely because the section empowers the Officers to carry out an investigation or inquiry, does not give them unbridled power to infringe upon a citizen’s fundamental right guaranteed under Article 21 of the Constitution of India. The respective State government will formulate certain guidelines enlisting the procedure to be followed by the Officers while ensuring liberty of citizens is maintained at all points of time.