In Neeraj And Another vs. State of U.P. and Another Division Bench comprising Justice Siddharth and Justice Vinai Kumar Dwivedi examined whether an accused could challenge the legality of his arrest or the initial remand order through a habeas corpus petition after the trial court had taken cognizance of the charge sheet. The Bench observed that an order of remand under Section 167(2) of the Code of Criminal Procedure (now Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita) is operative only during the investigation stage. Once a competent court takes cognizance, the remand order loses its significance because the order of cognizance occupies a higher judicial footing. Consequently, the Court held that a habeas corpus petition challenging the arrest or the initial remand is not maintainable at that stage, and the accused must seek regular bail instead.
LIC Employees May Be Engaged for Census Duties
In North Central Zone Insurance Employees vs Union Of India And 5 Others Justice Dinesh Pathak considered a petition filed by an association of Class III and Class IV employees of the Life Insurance Corporation of India challenging the government’s decision to entrust them with enumeration and supervision work for the census. The Court noted that the statutory framework governing the census permits the deployment of various categories of government and public sector employees for such duties. After reviewing the relevant provisions and the nature of the tasks assigned, the Bench concluded that LIC employees could lawfully be engaged as enumerators and supervisors. The petition was dismissed, upholding the government’s order.
PIL Against ‘Cockroach Janta Party’ Declined
The Lucknow Bench of the Allahabad High Court, in S.Vignesh Shishir vs. Union Of India Thru. Secy. Ministry Of Home Affairs New Delhi And 21 Others was presented with a criminal public interest litigation seeking a thorough inquiry by the National Investigation Agency and the Enforcement Directorate into the activities of a political outfit referred to as the ‘Cockroach Janta Party’. The Bench, after examining the pleadings and the relief sought, determined that the petition did not disclose a justiciable cause for invoking the extraordinary jurisdiction of the Court under Article 226 of the Constitution. It emphasized that PILs must be grounded in a demonstrable violation of public interest or fundamental rights, and that mere allegations without sufficient material do not warrant a direction for investigation by central agencies. Accordingly, the Court declined to entertain the PIL.
Implications of the June 2026 Pronouncements
The habeas corpus ruling reinforces the principle that judicial scrutiny of detention shifts from the investigative phase to the trial phase once cognizance is taken, thereby guiding accused persons to seek relief through bail applications rather than collateral habeas petitions. The decision on LIC employees clarifies the scope of permissible deployment of public sector personnel for census operations, providing administrative certainty for future exercises. The refusal to entertain the PIL underscores the Court’s cautious approach to public interest litigation, ensuring that the remedy is not employed as a tool for speculative or politically motivated inquiries. Collectively, these orders reflect the Allahabad High Court’s effort to delineate procedural boundaries, uphold statutory mandates, and maintain the integrity of judicial review.
