Delhi High Court cancels transit remand since case diary was in Marathi which Magistrate could not understand

The Delhi High Court recently set aside an order of the Duty Magistrate ordering transit remand of an accused who was arrested by the Mumbai Police in Delhi [Rahul Lunia v State - Govt of NCT of Delhi & Ors]. .A Division Bench of Justices Jasmeet Singh and Vikas Mahajan cancelled the transit remand after it was argued that the case diary and other files related to the matter were in Marathi and the Magistrate passed the remand order in a mechanical manner.After setting aside the remand, the Court also held that the habeas corpus petition filed in the matter is maintainable.The Court relied on the judgement passed by the Supreme Court in the case of Gautam Navlakha v National Investigation Agency which held that if the remand is ‘absolutely illegal’ or the order has been passed in an ‘absolutely mechanical manner’, the person affected can seek the remedy of habeas corpus..The Court, therefore, directed the Duty Magistrate to consider the bail application filed by the accused.“Since the order or remand has been set aside, we are of the view that the habeas corpus petition lies before this Court. The order dated 15.06.2023 is hereby set aside with the direction to the Duty Magistrate to consider and decide the application moved by the petitioner under Section 437 CrPC within 2 days from receiving of the order,” the Court directed. .The order was passed in a habeas corpus petition filed by Rahul Lunia who was detained by a Mumbai Police officer on June 14.It was argued that this detention was in violation of an order passed by a Mumbai Court which had directed the Police to issue notice to him in case they want to make an arrest.Advocate Sahil Mongia appeared for the petitioner and argued that the Magistrate should have seen the case diary and thereafter opined whether a case of transit remand was made out.But the Magistrate in this case would not have been able to decipher the case diary since it was in Marathi and therefore, the order of transit remand was passed mechanically..However, the counsel appearing for the Delhi Police contended that the habeas corpus petition in the matter is not maintainable and the Magistrate has applied his mind..Advocates Sahil Mongia, Prateek Mehta, Vikas, Rahul Yadav, Sahil Rao and Megha Mehta appeared for the petitioner.Additional Standing Counsel (ASC) Sanjeev Bhandari and advocate Kunal Mittal appeared for the State..[Read Order]