Article 22 of the Indian Constitution provides fundamental rights to the citizens of the country. This Article gives the citizen the right of habeas corpus petition in the Supreme Court or High Court. The literal meaning of Habeas Corpus is ‘bodied’.
In the concept of public welfare state, this is the most important of all the writs protecting the fundamental rights.
Let us know what is Habeas Corpus Petition. Under what circumstances is it filed in the Supreme Court or High Court
What is Habeas Corpus Petition:- Article 22 of the Indian Constitution provides fundamental rights to the citizens of the country. This article gives the citizen the right of Habeas Corpus Petition in the Supreme Court or High Court. The literal meaning of Habeas Corpus is ‘bodied’. It is used for the release of a person who has been illegally detained without legal justification. Or has been taken into police custody but has not produced him in court within 24 hours of his detention. In the Indian Constitution, it has been taken from England.
High and Supreme Court can issue: – Habeas Corpus Writ High and Supreme Court can issue writs. Through Article 32 of the Constitution of India, the Supreme Court and through Article 226, the High Court can restore five types of writs, one of them is habeas corpus.
How does habeas corpus work: – The Indian Constitution allows the general public to appeal for habeas corpus petition to the Supreme Court or High Court. Court on this petition orders the competent authority to produce the arrested person before the court and give a valid reason for his arrest. Often the court gives the arrestee and the person arrested an opportunity to state whether the arrest is legally justified or not.
Who may apply for the writ of habeas corpus:- To answer this question the courts have made this clear in various cases that the person who may apply for the writ of habeas corpus should be the person confined or detained illegally.
When the writ of habeas corpus is refused:- The following conditions when the writ of habeas corpus is refused are as follows:
- When the court doesn’t have the territorial jurisdiction over the detainer.
- When the detention of a person is connected with the order of the court.
- When the person detained is already set free.
- When the confinement has been legitimized by the removal of the defects.
- The writ of habeas corpus will not be available during an emergency.
- When the competent court dismisses the petition on the grounds of merits.
Preventive detention:- Preventive detention is the confinement or imprisonment of a person in order to prevent him from committing any kind of offence in the future. It does not act as a punishment or penalty imposed upon a person, it’s just a precautionary method. The concept of preventive detention and habeas corpus comes hand in hand. Article 22 of the Indian constitution states the procedure of preventive detention and requires a strict adherence of law. Parliament is authorized to make laws for preventive detention for various reasons connected with it like:
- Defence.
- Foreign relations or foreign affairs of the country.
- With the very purpose of providing security to India and its state.
- For the maintenance of public order.
However, such detention may be monitored through judicial review by checking its preconditions.
We can say that the most significant writ a person can use to assert his or her right to liberty is the writ of habeas corpus. It serves as a corrective action that assures the detained person is released from the unlawful detention. However, it doesn’t release anyone from their responsibility. It demands a legitimate reason for the imprisonment and guards against any form of mistreatment or discrimination on the part of the detaining authority. In this way, the judiciary is effectively utilising this writ to ensure that a person is protected against unlawful detention.
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