Writ of Habeas Corpus

Writ of Habeas Corpus

25th May

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Writ of Habeas Corpus: To seek release of a person from unlawful detention, whether by Police or by any private person. When the Police arrests a person without following the due process of law as envisaged in Article 21 of the Constitution of India, the said arrests is illegal in the eyes of law and Writ of Habeas Corpus may be filed in the respective High Court. (Guidelines (Guidelines given in Joginder Kumar case and in D K Basu case. ) Writ of Habeas Corpus – It is enough for the detenue to say that he is under wrongful detention and the burden lies on detaining detaining authority to satisfy the court that the detention is not illegal and wrongful and that the Petitioner is not entitled to the reliefs claimed. Mohinuddin versus Dist Magistrate, Beed – AIR 1987 SC 1977. AIR 1986 SC 494 (para 3) Rudul; versus State of Bihar AIR 1983 SC 1086 (para 10-11) Sebastin versus UOI AIR 1984 SC 1026 (para 7) (1994) (supp) (1) SCC 500 (para 4)

This Writ of Habeas corpus is a prerogative writ of highest constitutional importance, being a remedy available to the meanest against the mightiest. In sunil Batra versus Delhi Administration, AIR 1980 SC 1579, it was held that the essence of the matter is that in our era of human rights consciousness, consciousness, the habeas corpus writ has a functional plurality, plurality, and the constitutional constitutional regard for the human decency and dignity is tested by this capability. In so far as approach to the court is concerned, anybody acting pro bono publico, publico, can knock the door door of the court for for his relief. In the case of Ranjit Singh versus State of Pepsu, AIR 1958, SC 843, that the whole object of this writ is to keep law as free from technicality as possible and to keep them as simple as permissible, as otherwise the incalculable value of this writ will be lost.

HABEAS CORPUS Of greatest importance – is a key to the freedom – available to the weakest person against the highest authority – (2011) 10 SCC 781 – Para 15, 16 (2011) 6 SCC 479

The State of Punjab V Ajaib Singh and Anr AIR 1953 SC 10

Writ of Habeas Corpus: To seek release of a person from unlawful detention, whether by Police or by any private person.

1.

Thiss Writ of Habeas Thi Habeas corpus corpus is a prerogativ prerogativee writ of highest highest constitut constitution ional al importan importance, ce, being being a rem remedy edy availabl availablee to the meanest against the mightiest. In sunil Batra versus Delhi Administration, AIR 1980 SC 1579, it was held that the essence of the matter is that in our era of human rights consciousness, the habeas corpus writ has a functional plurality, and the constitutional regard for the human decency and dignity is tested by this capability. In so far as approach to the court is concerned, anybody acting pro bono publico, can knock the door of the court for his relief.


2.

http://thepracticeoflawjalan.blogspot.in/2015/05/writ-of-habeas-corpus.html

Next to personal security, the law of England regards, asserts and preserves the personal liberty of individuals against all imprisonment or restraint, unless by due course of law. The language of the great Charter, is that no freeman shall be taken or imprisoned but by the lawful judgment of his equal or by the law of the land (Mag. C. c. 29). (Tomlin)

3.

In the case of Ranjit Singh versus State of Pepsu, AIR 1958, SC 843, that the whole object of this writ is to keep law as free from technicality as possible and to keep them as simple as permissible, as otherwise the incalculable value of this writ will be lost.

4.

When the Police arrests a person without following the due process of law as envisaged in Article 21 of the Constitution of India, the said arrests is illegal in the eyes of law and Writ of Habeas Corpus may be filed in the respective High Court.

5.

(Guidelines given in Joginder Kumar case and in D K Basu case

6.

Writ of Habeas Corpus – It is enough for the detenue to say that he is under wrongful detention and the burden lies on detaining authority to satisfy the court that the detention is not illegal and wrongful and that the Petitioner is not entitled to the reliefs claimed. Mohinuddin versus Dist Magistrate, Beed – AIR 1987 SC 1977.

7.

AIR 1986 SC 494 (para 3)

8.

Rudul; versus State of Bihar AIR 1983 SC 1086 (para 10-11)

9.

Sebastin versus UOI AIR 1984 SC 1026 (para 7)

10. (1994) (supp) (1) SCC 500 (para 4) 11. Of greatest importance – is a key to the freedom – available to the weakest person against the highest authority – (2011) 10 SCC 781 – Para 15, 16 12. (2011) 6 SCC 479 13. The State of Punjab V Ajaib Singh and Anr AIR 1953 SC 10 14. A Writ or Order requiring that a prisoner be brought before a Court at a stated time and place to decide the legality of his detention or imprisonment 15. A Court order directing the release of someone who is judged to have been confined illegally

16. Personal liberty – CrLJ July 2013 3227 ******

Article 20(1) – (2013) 5 SCC 111(c)

Posted 25th May by The Practice of Law Labels: Writ Jurisdiction of HC and SC 0

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Writ of Habeas Corpus

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