Writ of Habeas Corpus

Habeas corpus is the Latin term which means ‘you must have the body’. It is the order issued by the court to present the detenu before the court and to check whether the arrest was lawful or not.

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

The writ of habeas corpus is the legal procedure which acts as a remedial measure for the person who is illegally detained. The term habeas corpus is the Latin word which means to bring or present the body before the court. It is the most important right available to the person detained unlawfully. The basic purpose for which this writ is used is to release a person from unlawful detention or imprisonment. This writ is of great importance as it determines a person his right to freedom and personal liberty.

Illustration

A has been taken into custody by B a police officer without a warrant. All the efforts made by A’s family to know the whereabouts of A turned out to be futile. As he was detained wrongfully by B (police officer), the writ of habeas corpus can be filed in court by A’s family on his behalf.

Nature of the writ of habeas corpus

The concept of habeas corpus can be traced way back in the thirteenth century. The writ of Habeas corpus cum causa is an order calling upon the person who has detained another person, to present the person in the court and justify his actions that on what grounds and under what authority he has confined that person. If the court doesn’t find any legal justifications for the cause, then it will order for the immediate release of the person confined or imprisoned.

Who may apply for the writ of Habeas Corpus

To answer this question the courts have made this clear in various cases that the person who may apply for the writ of habeas corpus should be

The person confined or detained illegally.

The person who is aware of the benefit of the case.

The person who is familiar with the facts and circumstances of the case and willingly files an application of the writ of habeas corpus under article 32 and 226 of the Indian constitution.

When the writ of habeas corpus is refused?

The following conditions when the writ of habeas corpus is refused are as follows:

When the court doesn’t have the territorial jurisdiction over the detainer.

When the detention of a person is connected with the order of the court.

When the person detained is already set free.

When the confinement has been legitimized by the removal of the defects.

The writ of habeas corpus will not be available during an emergency.

When the competent court dismisses the petition on the grounds of merits.

The movie Jai Bhim which released this month is inspired by Justice Chandru’s life was a lawyer who fought for people’s rights.

The movie is a good example of the Writ of Habeas Corpus & Custodial Violence which inspires & teaches us that discriminating people on the basis of their caste is incorrect & very injust.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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