Definition
Detailed Explanation
Habeas corpus is one of the most important constitutional remedies available under Indian law. It is enshrined in Article 32 (before the Supreme Court) and Article 226 (before High Courts) of the Constitution of India.
The writ of habeas corpus is a bulwark against illegal detention. It can be filed when a person is detained without lawful authority, when the procedure prescribed by law has not been followed, or when the detention violates fundamental rights.
The court, upon receiving a habeas corpus petition, can direct the detaining authority to produce the detained person and show cause for the detention. If the detention is found to be illegal, the court orders immediate release.
Essential Elements
- 1 There must be detention or imprisonment of a person
- 2 The detention must be without lawful authority or in violation of law
- 3 The petitioner must have locus standi to file (detained person, relative, or public-spirited citizen)
- 4 The writ is maintainable only against the State or its instrumentalities
Leading Cases
ADM Jabalpur v. Shivkant Shukla
1976(1976) 2 SCC 521
Relevance: The controversial Emergency-era judgment later overruled in Puttaswamy
Rudul Sah v. State of Bihar
1983(1983) 4 SCC 141
Relevance: Awarded compensation for illegal detention beyond sentence
Kanu Sanyal v. District Magistrate
1974AIR 1974 SC 510
Relevance: Laid down the scope and procedure of habeas corpus
Usage Example
"The Supreme Court issued a habeas corpus writ directing the State to produce the detenu and show grounds for preventive detention."
Synonyms
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