Juwanis v. Lathiff, Police Inspector, Special Task Force, and Others – sllr 1988 volume 2 page 185

In the case between Juwanis (Plaintiff) and Lathiff (Police Inspector, Special Task Force) and others (Defendants), the Supreme Court examined whether the Court of Appeal possesses jurisdiction under Article 141 of the Constitution to direct a Court of First Instance to inquire into alleged unlawful detention (habeas corpus), even if the respondents refute having custody or control of the alleged detainee. It was held that the Court of Appeal retains discretionary power to order such an inquiry without the need to conclusively establish custody beforehand. Emphasis was placed on the prerogative nature of the habeas corpus writ, the interpretation of the proviso in Article 141, and established judicial practice, confirming that jurisdiction is not precluded by denials of control from respon