TOP LEGAL DEVELOPMENTS THIS WEEK [19-25 Oct, 2026] | Detecting child abuse material; rape charge against woman; RTI on PM’s foreign visits; and more
A quick roundup to cover all the important legal developments and cases this week.
Habeas Corpus
Delhi Metro closures and alleged illegal detentions during CJP protest: What did the Supreme Court say on 11 October?
On Sunday, the Court assembled for an urgent hearing of the applications alleging violation of its earlier order and alleged illegal detention of a large number of individuals on 10 October 2026 by Delhi Police.
Jammu & Kashmir and Ladakh High Court: Mere possession of “Dispiriting Books” cannot justify preventive detention
The High Court noted that mere possession of the books with dispiriting titles does not ipso facto make the petitioner/ detenue a criminal against whom the preventive detention was required to be invoked.
Free to move, not free to break the law: Delhi HC on Karni Sena President’s habeas corpus case
The petitioner had been leading a nationwide awareness campaign concerning the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 (2026 UGC Regulations).
“Exceptionally grave and egregious violation of constitutional rights”: All HC releases daughters confined by father for converting to Islam, orders 25 Lakhs compensation
The Court remarked that the daughters, despite being major, educated and legally competent women, were deprived of their liberty for a prolonged period, solely because they exercised their constitutionally protected freedom of conscience and chose to profess a religion different from that professed by their family.
Confined at Home for Three Months: Manipur HC Secures Woman’s Return to Delhi to Marry on Her Own Terms
A 29-year-old woman was allegedly kept from leaving her own home for nearly three months, her phone and laptop taken away, after traveling to Manipur for what she believed were wedding preparations.
S. 66 IT Act is bailable offence; Supreme Court clarifies S. 77-B must be read to ascertain nature of offence under S. 66
The Court sets aside the order which treated Section 66 as a non-bailable offence while ignoring Section 77-B
Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father
The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.
Right to Make Representation Must Be Communicated When Grounds of Detention Are Served, Not Weeks Later: Manipur HC Sets Aside NSA Preventive Detention Order
“The right to make a representation implies that the person detained must be informed of his right to make a representation to the authority that has made the order of detention at the time when he is served with the grounds of detention so as to enable him to make such a representation and the failure to do so results in denial of the right to make representation and renders the order invalid.”
Habeas Corpus Plea Fails Where Lawful Custody Flows from Child Welfare Committee Order: Allahabad High Court
The State submitted that since the corpus is in lawful custody of the State in pursuance of a judicial order, the present habeas corpus petition is not maintainable.
Child’s Overall Development outweighs Relative Care; Allahabad HC Grants Custody of Infant Child after Mother’s Death to Father
“The corpus is only about 13 months old. If custody is not entrusted to the father at this stage, there is a real possibility of the child growing up without forming any emotional bond with him, which would be detrimental to the child’s overall development and the father’s parental rights.”
“Deplorable state of affairs”: Allahabad HC orders release of man detained under NDPS Act without grounds & reasoned order
“Despite being public servants, their conduct reflects scant respect for law of land the dereliction of duty on their part, which can be considered to be misconduct in service on their part, since they have failed to perform their duties in accordance with law.”
Father’s Forceful Custody of Minor Does Not Amount to Illegal Detention: Allahabad High Court
“The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”
Mother placing child in hostel meant for orphans not in his best interests; Kerala HC grants custody to father
“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
No Habeas Corpus if Wife voluntarily leaves Home; Madras HC Orders Production of Children
Observing the wife’s voluntary departure, the Madras High Court shifted focus to child welfare and instructs police to produce the minors before the Judicial Magistrate.
‘Serious factual dispute about actual service of grounds of arrest’; Allahabad HC releases person arrested under CGST Act
The Court noted that “reasons to believe” are mandatory to be recorded; however, they need not be supplied along with the arrest memo to the accused, unlike the “grounds of arrest”, which must be supplied.
Custody by CCI without judicial authorisation amounts to unlawful detention; Tripura HC restores minor’s custody to mother
“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”
‘Endangers public health, strikes at root of societal imbalance’: Telangana HC on spread of Narcotic Substances
“Public health and safety form an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India.”
RTI reply sheds light on pendency of Habeas Corpus, Preventive Detention, UAPA and NDPS cases before the Supreme Court
In September 2025, a RTI query was filed before the designated CPIO of the Supreme Court, seeking the statistics on pendency and disposal of cases by the Supreme Court.
HIGH COURT WEEKLY ROUNDUP OCTOBER 2025 [13th-19th October| Hijab in School; Celebrity Deepfakes and Personality Rights; PM Modi video on WhatsApp; and more
A quick legal roundup to cover important stories from all High Courts this week.