HABEAS CORPUS:
Habeas
Corpus is a Latin phrase means ‘have the body’ or ‘produce body’ before
the court. This is a writ in the nature of an order calling upon the person who
has detained another to produce him before the court, in order to let court
know what grounds he has been confined and to set him free if there is no legal
justification of imprisonment.
In other
words, by this writ the court directs the person or authority that has detained
another person to bring the body of prisoner before the court so the court may
decide the validity, jurisdiction or justification of such detention.
WHAT IS THE OBJECT OF WRIT?
The writ of
Habeas Corpus provides a prompt and effective remedy against illegal detention,
to release a person from illegal detention and not top punish the detaining
authority. The person illegal detained may make an application for the writ of habeas
corpus. But the prisoner himself is unable to make such application, any other person
related to him having interest in the prisoner but not a total stranger can
make it. A writ of habeas corpus may be issued against any person or authority
that has illegally detained or arrested the prisoner. The court may award monetary
compensation to the person who has been illegally arrested or detained.
Rudul Shah vs. State of
Bihar(1983):
Rs.35000 by way of compensation was given for fourteen years detention in jail after acquittal order.
Rs.35000 by way of compensation was given for fourteen years detention in jail after acquittal order.
A writ of
habeas corpus issued by the Supreme Court or the high court must be obeyed by
the person to whom it is issued otherwise it would amount to contempt of court.
During
emergency writ of habeas corpus cannot be issued, it was held in A.D.M Jabalpur
vs. Shivkant Shukla (1976):
The Supreme
Court by majority held that during emergency fundamental rights are suspended
and no person has a locus standi to move any court for writ of habeas corpus.
A writ of
habeas corpus is available not only for release from detention by the state but
also from private detention. General principles of Res Judicata apply even to
habeas corpus proceedings, but on fresh grounds a subsequent petitions for the
same relief is maintainable even after dismissal of earlier one.
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