Habeas Corpus
- August 21, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Habeas Corpus
Subject – Polity
Context – HC pulls up U.P. govt. over hospital’s condition. A patient has been missing since May.
Concept –
- It is a Latin term which literally means ‘to have the body of’. Under this the court issues an order to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.
- This writ is a bulwark of individual liberty against arbitrary detention.
- The writ of habeas corpus can be issued against both public authorities as well as private individuals.
- The writ, on the other hand, is not issued where the:
- detention is lawful,
- the proceeding is for contempt of a legislature or a court,
- detention is by a competent court, and
- detention is outside the jurisdiction of the court.