Writ of Habeas Corpus

Writ of Habeas Corpus: To seek release of a person from unlawful detention,

whether by Police or by any private person.

When the Police arrests a person without following the due process of law as
envisaged in Article 21 of the Constitution of India, the said arrests is illegal
in the eyes of law and Writ of Habeas Corpus may be filed in the respective
High Court.
(Guidelines given in Joginder Kumar case and in D K Basu case. )

Writ of Habeas Corpus – It is enough for the detenue to say that he is under
wrongful detention and the burden lies on detaining authority to satisfy the
court that the detention is not illegal and wrongful and that the Petitioner is
not entitled to the reliefs claimed. Mohinuddin versus Dist Magistrate, Beed
– AIR 1987 SC 1977.
AIR 1986 SC 494 (para 3)
Rudul; versus State of Bihar AIR 1983 SC 1086 (para 10-11)
Sebastin versus UOI AIR 1984 SC 1026 (para 7)
(1994) (supp) (1) SCC 500 (para 4)

This Writ of Habeas corpus is a prerogative writ of highest constitutional

importance, being a remedy available to the meanest against the mightiest. In
sunil Batra versus Delhi Administration, AIR 1980 SC 1579, it was held that
the essence of the matter is that in our era of human rights consciousness, the
habeas corpus writ has a functional plurality, and the constitutional regard for
the human decency and dignity is tested by this capability. In so far as
approach to the court is concerned, anybody acting pro bono publico, can
knock the door of the court for his relief.

In the case of Ranjit Singh versus State of Pepsu, AIR 1958, SC 843, that the
whole object of this writ is to keep law as free from technicality as possible
and to keep them as simple as permissible, as otherwise the incalculable
value of this writ will be lost.

HABEAS CORPUS
Of greatest importance – is a key to the freedom – available to the weakest
person against the highest authority – (2011) 10 SCC 781 – Para 15, 16
(2011) 6 SCC 479
The State of Punjab V Ajaib Singh and Anr AIR 1953 SC 10

A Writ or Order requiring that a prisoner be brought before a Court at a stated time
and place to decide the legality of his detention or imprisonment.

Next to personal security, the law of England regards, asserts and preserves the
personal liberty of individuals against all imprisonment or restraint, unless by due
course of law. The language of the great Charter, is that no freeman shall be taken
or imprisoned but by the lawful judgment of his equal or by the law of the land
(Mag. C. c. 29). (Tomlin)

A Court order directing the release of someone who is judged to have been
confined illegally.