Habeas Corpus

In India the power to issue the Writ of Habeas Corpus vests only with the High Court and Supreme Court under Article 32 or 224 of the Constitution of India, to allege infringement of rights under Part III of our Constitution.

Meaning and Origin
 
Habeas Corpus is a Writ recourse available in law to report an unlawful detention or imprisonment to a High Court or the Supreme Court, and request that the court order the custodian of the person, usually the Police to bring the prisoner to court in order to determine whether the detention is lawful or not. If it is found that the Police is acting beyond the capacity the Court orders a release of the detained prisoner.
 
This phrase Habeas Corpus originates from the Latin habeas or habere, which means "to have", "to hold"; and corpus, is the singular version of the word "body". Therefore, the phrase literally commands that you (Prison Officials) should have the (detainee's) body (brought to court), to ascertain whether the person is lawfully detained or not. It is pertinent to mention the Indian judiciary has doled out the traditional doctrine of locus standi. This means that if a detained person is not in a position to file a petition, it can be filed on his behalf by any other person when the captive is held incommunicado. This Writ is more in the nature of a prerogative Writ and aims at controlling the lower courts and Police authorities in a setup. However, this Writ though checks on the nature of detention, it is not guarantee to a fair trial for the detained and is more of a temporary relief from unlawful detention.
 
Procedure to file a Habeas Corpus:

In India the power to issue the Writ of Habeas Corpus vests only with the High Court and Supreme Court under Article 32 or 224 of the Constitution of India, to allege infringement of rights under Part III of our Constitution. This writ adapts quick help if there an occurrence of unlawful detainment and is therefore an important writ for individual freedom. Therefore, a prisoner or another person acting on his or her behalf, may petition the court, or a judge under a writ of Habeas Corpus, if the detainee is held incommunicado.

Therefore, all applications for writs or orders in the nature of writs of Habeas Corpus under Article 32 or 226 of the Constitution of India shall be made to the Division Bench taking criminal business of the Appellate Side of the High Court or Supreme Court.

The Court on scrutiny of the Application can refuse it on grounds that the person or authority against whom habeas corpus is sought is not within the territorial jurisdiction of the court; or

Where imprisonment or detention of a person is in accordance with a decision rendered by a court of law or by an authority in accordance with law;

However, it finds there is some standing in the Petition, the Court issues what we call as Rule Nisi, calling upon the person or persons against whom the order is sought to appear on a day to be named therein to show cause why such order should not be made and at the same time, if the Court so directs, to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law: The detention should not contravene Articles 21 and 22 of the Indian Constitution.

This Writ is generally used where there is a wrongful deprivation of private liberty.
 
Conclusion:
 
Incase of this Writ the rigorous rules of pleadings do not apply to an application filed under Habeas Corpus. The Courts have always shown great reassurance for personal liberty and have never refused to grant relief to the applicant merely on the ground of insufficient or incomplete pleading. However, it is only a procedural remedy but does not protect the rights in the long run about the manner of conduct of the Trial against the captive.
 

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