Yadav Singh case: HC bench dismisses plea after CBI questions court's territorial jurisdiction

The Lucknow Bench of Allahabad High Court has "dismissed as withdrawn" a habeas corpus petition seeking the release of former Noida chief engineer Yadav Singh after the CBI raised objections on territorial jurisdiction of the court in the matter.

Singh, former chief maintenance engineer in Noida, is in judicial custody since February 11, 2020 after the CBI arrested him in the third case of corruption registered against him on January 17, 2018.

Besides the latest corruption case wherein he is accused of favouring companies of friends and associates in doling out lucrative contracts in Noida, the CBI has booked him in two other corruption cases.

These cases pertain to misusing his official position to favour firms in awarding contracts worth over Rs 1,000 crore in Noida and amassing illegitimate assets worth over Rs 23 crore.

The agency had produced 62-year old Singh before the Ghaziabad Special court after his arrest which sent him to judicial custody. His bail petition was rejected by the special court on April 17, 2020.

His son, Sunny, approached the Lucknow Bench of Allahabad High Court with a habeas corpus petition alleging that Yadav Singh has been wrongly incarcerated as only 60 days of judicial custody is permissible under Section 167 (2) of Code of Criminal Procedure and that the duration expired on April 10, 2020.

A habeas corpus writ petition is filed before a competent court to secure release of a person from illegal detention.

He also claimed that the maximum sentence for the charges for which Singh has been booked is seven years.

The Supreme Court, in its order on March 23, had suggested the states to consider release of undertrials booked for punishments for such period in the wake of the coronavirus pandemic.

The petition was heard by a bench of Justices Karunesh Singh Pawar and Pankaj Kumar Jaiswal recently through video conferencing where the CBI strongly countered the arguments of the petitioner.

It said the territorial jurisdiction over Ghaziabad Special court is of Allahabad High Court hence, the matter should be heard by it and not by its Lucknow Bench.

The agency also said there was no question of illegal detention as the accused was produced before the special court which remanded him to judicial custody. It said the accused was not in CBI custody.

After hearing the arguments of the CBI, the bench noted, "A counter affidavit has been filed by the CBI wherein an objection has been raised regarding territorial jurisdiction of this Court."