Habeus Corpus

Habeus Corpus

Context: A report by the Forum on Human Rights in Jammu and Kashmir has concluded that the priority to counter-insurgency has vitiated protections like habeas corpus, prevention of illegal detention

Concept:

The SC (under Art 32) and the HC (under art 226) can issue writs(a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court) of Habeas Corpus, mandamus, prohibition, certiorari and Quo-Warranto.

Further, the Parliament can authorize other courts to issue such writs (borrowed from Britain’s Prerogative Writs).

About Habeus Corpus:

• It means “You may have the body”.
• Its purpose is to release a person who has been detained unlawfully whether in prison or in private custody.
• It is considered bulwark of individual liberty against arbitrary action.

It is not issued when:

• Detention is lawful
• Proceeding is for contempt of legislature or a court.
• Detention is by a competent court
• It is outside the jurisdiction of the concerned court.