INTRODUCTION
The term habeas corpus is a Latin term which translates into the term “you must have the body”. Recent legal developments suggest that the authorities do not always need to produce the body of the person allegedly detained.
Habeas corpus is a writ issued by the Supreme Court or the high court. It is a judicial order by which a person confined by any public or private agency may secure his release. It calls on the detainer to justify the detention or release the person. The advantage is observed through its effectiveness in securing the release of a person illegally detained or confined.
In deciding whether habeas corpus procedures are affable or criminal in nature, it was held by the court Narayan v. Ishwarlal that it would rely on upon the way of the procedures in which the locale has been executed.
The common law system traces the writ of habeas corpus. The writ of habeas corpus has evolved out of the prerogative writ of ad subjiciendum. By this, people could secure their release from illegal detention in the jails.
WHO CAN FILE A WRIT OF HABEAS CORPUS
Any person can file a writ of habeas corpus on behalf of any other detained person. Also, the detained person himself can apply for the writ of habeas corpus. This petition for writ of habeas corpus states that the writ of habeas corpus should be supported by an affidavit. The affidavit should state the facts and circumstances of detention. Moreover, It should also state the reasons as to why the prisoner is unable to make an application, where relevant.
With regards to the case of a minor, a petition for writ of habeas corpus can be filed by any person who is entitled to a minor custody. In case there is no such person, any other person may file such a petition.
Ichhu Devi v. Union of India
In the case of Ichhu Devi v. Union of India, the Supreme Court does not strictly follow rules of pleadings or burden of proof. This applies with regard to the issuance of the writ of habeas corpus. The court also observed that a postcard by a pro bono publicio is sufficient for the court to issue a writ of habeas corpus. This enables the court to examine the legality of such detention or confinement.
It should be noted that, for the issuance of the writ of habeas corpus, it is not necessary that the detention must only be a physical kind. One person need not exercise physical control, custody, or restraint over the other. The meaning of detention includes any kind of control. So, in a case where a person forcibly keeps a child away from his parents, the court will issue the writ.
In a case where a man wrongfully keeps a person confined in a mental hospital as a patient, the court will also issue the writ. If a nun is alleged to be prevented from leaving her convent, the court will always issue the writ of habeas corpus.
PURPOSE FOR ISSUANCE OF THE WRIT OF HABEAS CORPUS
The purpose of issues of the writ of habeas corpus can be briefly enumerated as follows:
1. Testing the regularity of detention under preventive detention laws and any other law.
2. Securing custody of minor
3. Securing custody of a person alleged to be a lunatic
4. Securing custody of a partner in marriage
5. Testing the Regularity of detention for a breach of privilege by the house
6. Testing the breach of regularity of detention by the executive during emergency
7. The testing the regularity of detention and the court-martial.
THE WRIT OF HABEAS CORPUS IN INDIA
Judicial Interpretation and Evolution of Habeas Corpus in India
Justice Krishna Iyer, in the case of Sunil Batra 2 v Delhi Administration, AIR 1980 SC 1579, provided different grounds, which are also applicable for the issuance of the writ of habeas corpus. In this case, a fellow convict famously filed the writ of habeas corpus through a letter that he gave directly to the judge. Krishna Iyer treated this letter as a petitioner’s petition for writ of habeas corpus filed on behalf of Prem Chand, even though this letter did not demand his release from jail.
This letter also described the inhuman torture of the fellow convict. Krishna Iyer followed a series of American cases where the courts employed the rate of hypothesis for neglect of state penal facilities. It included overcrowding under staffing in sanitary facilities, brutality, constant fear of violence lack of adequate mental and medical health censorship of meal. Inhuman isolation segregation and inadequate or non-existent rehabilitative or educational opportunities.
The evolution of the writ of habeas corpus is quite dynamic. It has made the writ coextensive with growing human rights jurisprudence. In India and England, the court does not allow repeated habeas corpus applications. This applies if the court has ruled on merit. A person can file a fresh petition under Article 32 in the Supreme Court. This is possible even if the High Court rejected it.
Res Judicata and the Habeas Corpus Appeal Process
Similarly, in the case of Lallubhai Jogibhai v. Union of India, the Supreme Court was of the view that when there exists a writ petition challenging an order of and this thread is dismissed by a court, a second petition can be filed on additional grounds to challenge the legality of continued detention and it will not be barred by a the principle of res judicata. Also, consecutive res judicata also does not apply to writ of habeas corpus as it would weaken the scope of the writ of habeas corpus, which enjoys wide constitutional protection.
For the writ of habeas corpus, there lies no restriction of appeal under the Supreme Court by Article 136 of the Constitution of India against the order of the high court, granting or rejecting the petition for the rejection. However, in England no appeal lies against the order if the petition of Habeas corpus has been accepted.
DENIAL OF THE WRIT OF HABEAS CORPUS
The writ of habeas corpus are security against administrative and private lawlessness, but not against judicial foolishness. Thus, if a court has imprisoned a person under the order of conviction, the general procedure cannot grant the writ of habeas corpus. In such a case would be to opt for an appeal. In case of discretion, the court may refuse the petition if there is a special alternative remedy available.
However, it is not a rule of limitation or jurisdiction. The court can still grant the relief of writ of habeas corpus even if alternative remedies exist. With regards to the writ of habeas corpus, the fact of detention and the constitutionality of the law can also be challenged; this was observed in the case of AK Gopalan v. State of Madras AIR 1950 SC 27 in which the court examined the constitutionality port, examined the constitutionality of Preventive Detention Act 1950.
CONCLUSION
India’s Constitution protects rights and imposes obligations. Experts regard this extensive literature as the curator and protector of the fundamental rights granted to individuals. Writs is one such right that a person can exercise. The articles of the Indian constitution are legally binding, hence the court has autonomous jurisdiction over the topics for which writs are issued. The objective of writs is to allow for the rapid determination of an individual’s rights and to assist the person in obtaining the benefit of those rights.
It is possible to conclude that the right to writs is one of the rights that a person has. The articles of the Indian constitution are legally binding, hence the court has autonomous jurisdiction over the topics for which writs are issued. The objective of writs is to allow for the rapid determination of an individual’s rights and to assist the person in obtaining the benefit of those rights.
Habeas corpus is crucial as it protects individual liberty. It serves as a corrective action, ensuring that authorities release the imprisoned individual from illegal incarceration. However, it does not free anybody of obligation. It requires legitimate grounds for custody and safeguards the person from any kind of ill-treatment or discrimination by the authority that detained them. The judiciary is employing this writ in an efficient manner to protect a person from wrongful imprisonment.
