As the case filed by businessman Ballu Khan for his alleged illegal detention was called this morning, High Court Judge Justice Jocelyn Scutt stressed that the courts will not allow any illegal act to be maintained.

However, Judge Scutt has called on both counsels in the case to stick to the substantive matter, which only deals with the application for habeas corpus filed by Khan.

Justice Scutt said the only two issues which need to be argued is whether Khan is in fact in custody and if he is in custody, is it legal.

After Khan's lawyer Peter Williams served state lawyers with a supplementary affidavit this morning and then objected to any prolonged adjournment, the Judge said Khan is in hospital and is expected to be released by next week. She said Khan is safe and any adjournment would not prejudice his case.

Williams also raised concerns on evidence contained in an affidavit that Khan will be taken into custody for interrogation by Police once he is released from hospital and indicated that he will pursue these grounds in his arguments.

Justice Scutt then stressed that such matters must be brought up in the trial court and not in the matter currently before her.

Both parties have to file all remaining documents before 10am on Thursday before the hearing gets underway at 2pm.