Habeas Corpus

Querist : Anonymous (Querist) 12 February 2011 This query is : Resolved
Is Habeas Corpus is applicable in abduction or kidnapping cases too?

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Kiran Kumar (Expert) 12 February 2011
yes habeas corpus is maintainable against private person also.

but the question is what Habeas Corpus will in such cases?

do u really think the accused will present the body/ detenue/ kidnapped/ victim/ abducted if the court issues the writ of habeas corpus :D

kidnapping and abduction are much beyond mere illegal detention, these are larger offences and will not be dealt by Habeas Corpus petition.

Querist : Anonymous (Querist) 15 February 2011
After the Habeas Corpus filed in High Court, and if the police/govt. is not successful to present the desire body then, Is the State govt bound to resign?
Referring to P. rajan case of Kerela

Advocate. Arunagiri (Expert) 15 February 2011
If the state government has to resign for not functioning effectively, they have go resign 100 times daily.

There may be inefficiency of the police or there may be reasons beyond their control.

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