Determining Territorial Jurisdiction Under Article 226 for Alleged Custodial Torture Across State Borders
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Case: VISHWANATH CHINTAMANI POTDAR v. THE STATE OF MAHARASHTRA AND OTHERS
Court: Bombay High Court
Date: 21-07-2026
Law: Constitution of India, Code of Civil Procedure, Bharatiya Nagarik Suraksha Sanhita, Code of Criminal Procedure, Bharatiya Nyaya Sanhita.
Highlights of the Judgment:
- An examination of territorial jurisdiction under Article 226(2) of the Constitution of India regarding the "cause of action".
- Analysis of whether the act of taking a person into custody across state lines constitutes a partial cause of action.
- Application of the "bundle of facts" theory to determine the appropriate forum for writ jurisdiction.
- Distinction between legal transit procedures and the site of alleged custodial torture or illegal detention.
- Judicial commentary on the maintainability of writ petitions when primary reliefs are directed against out-of-state authorities.
- Imposition of exemplary costs for filing petitions despite prior admissions regarding the correct legal forum.