Constitutional & Writs judgments

AP High Court ·28 Sep 2026 ·Police Powers

AP High Court: Police cannot keep a 'suspect sheet' on a person facing a single case without showing habitual offending

The question: Can a suspect sheet be opened and continued against a person who faces only one criminal case?

A man who had been named in one criminal case asked the High Court to close a suspect sheet the Visakhapatnam police opened against him in 2019. The police said the sheet was meant to curb his alleged unlawful activity near the Steel Plant. The High Court held that this general claim was not enough, because nothing showed he fell within the categories in the Police Standing Orders or was a habitual offender.

Allowed WP/4108/2023

AP High Court ·25 Sep 2026 ·Writ Petition

AP High Court sets aside a preventive detention order because the detaining authority never considered the detenu's bail orders

The question: Must bail orders in the cases relied on be placed before the detaining authority?

The Collector of Sri Sathya Sai district detained a man under the A.P. Prevention of Dangerous Activities Act, 1986 (the 'Goondas Act') on the basis of nine criminal cases, and the State confirmed the order in May 2026. In a habeas corpus writ, a Division Bench of the High Court found that bail orders in two of those cases had not been placed before the detaining authority, and quashed the detention.

Allowed WP/13273/2026

AP High Court ·22 Sep 2026 ·Writ Petition

AP High Court: Habeas corpus does not lie once an arrested person is in custody or on bail; newspaper reports are not proof

The question: Is a writ of habeas corpus maintainable when the detenus are in custody under a judicial remand order that has not been challenged?

Relatives of five men said they were illegally held by forest officials from 5 February 2026 before being produced before the Special Court for red sanders cases at Tirupati on 10 February, and asked for their release and compensation. A Division Bench of the High Court dismissed the habeas corpus petition: the men were in custody under a magistrate's remand order and were later granted bail.

Dismissed WP/4318/2026

Supreme Court ·19 Jun 2026 ·Constitutional Law Landmark

Supreme Court: Right to walk on demarcated footpaths is a fundamental right; authorities have a duty to provide them

The question: Is the right to walk a fundamental right?

While hearing appeals over compensation in a motor accident claim, the Supreme Court held that the right to walk, including the right to demarcated and well-maintained footpaths, is a fundamental right under Part III of the Constitution. It converted the matter into a separate petition on the subject and brought the Union Government in as a party.

Disposed off 2026 INSC 647

Supreme Court ·15 Jun 2026 ·Right To Information

Supreme Court: Madhya Pradesh's Special Police Establishment is not exempt from the RTI Act; 2011 exemption notification struck down

The question: Is the Madhya Pradesh Special Police Establishment an 'intelligence and security organisation' that can be exempted under Section 24(4) of the RTI Act?

A Town Inspector who was caught in a trap case by the Special Police Establishment (SPE) asked under the RTI Act for information on how sanction to prosecute him was granted. The request was refused on the basis of a 2011 State notification exempting the SPE from the RTI Act as an 'intelligence and security' organisation. The Supreme Court upheld the High Court's order and struck the notification down.

Dismissed 2026 INSC 644