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Writ of Habeas Corpus

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25th May

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

Writ of Habeas Corpus

Writ of Habeas Corpus


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 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
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, 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.
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.

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, 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.

7/21/2015 7:39 PM

Writ of Habeas Corpus

2 of 3

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

2.

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


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