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    Habeus Corpus

    • February 14, 2021
    • Posted by: OptimizeIAS Team
    • Category: DPN Topics
    No Comments

     

     

    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.
    Habeus Corpus
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