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Habeas Corpus UPSC NOTE

 


Habeas Corpus

  • The word habeas corpus literally means to have a body.

  • A writ of habeas corpus is in the nature of an order upon the person who has detained another to produce the latter before the court.

  • In order to let the court know on what ground he has been confined and set him free if there is no legal justification for the imprisonment.

  • Habeas corpus is the writ which was visualized as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification. 

  • Therefore, it cannot be used for complaining against past illegal detention.

  • But the Supreme Court in India has expanded its dimension and compensation is being paid not only for past illegal detention but also for loss of life.

  • Detention should not contravene Article 22, as for example, a person who is not produced before a magistrate within 24 hours of his detention is entitled to be released.

  • It is a process for securing the liberty of the subjects by affording an effective means of immediate release from unlawful or unjustifiable detention, whether in prison or in private custody.

  • In India the power to issue a writ of habeas corpus is vested only in the Supreme Court and the High Court.

  • The right to move the Supreme Court under Article 32 for the enforcement of fundamental rights is itself a fundamental right.

  • While the right to move a High Court under Article 226, though not a fundamental right, is still a constitutional right.

  • The 44th Amendment, 1978, has provided that Article 21, relating to personal liberty cannot be suspended even during an emergency. 

  • In this way personal liberty has been strengthened and the writ of habeas corpus retains its potency even during an emergency.

  • A writ of habeas corpus will not lie and will be refused by a court:

    • Where the person or authority against whom habeas corpus is sought is not within the territorial jurisdiction of the court;

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Habeas Corpus UPSC NOTE
Habeas Corpus UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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