Raveena Kataria (Advocate ) 04 July 2017
I'll try and put it as clearly as I can. A writ is like a mechanism which allows the protection of one’s fundamental rights. Only the Supreme Court (under Article 32 of the Indian Constitution) and the High Court (under article 226) are vested with the power to issue writs.
The primary purpose of the writ of Habeus Corpus is to inquire into/test the legality of the detention of an accused person. Upon receiving the application, if the court finds prime facie a reason for granting such application, it shall conduct a hearing. In such hearing if a cause is shown by the authorities alleged to be detaining illegally, the writ would be denied. If no cause is shown, or shown but disallowed, the person will be set free.
If the writ is granted, it does not exonerate the said person from criminal liability per se, merely ensures his or her release from prison if his/her detention is found to be unlawful.
The person who has been illegally confined, or any other person acquainted with the facts and circumstances of the case of such a person can apply for the writ of Habeus Corpus by moving an application for the writ under the High Court/Supreme Court under the aforesaid articles.
Hope this helps!
Ms.Usha Kapoor (CEO) 04 July 2017
What's a writ of habeas corpus?
A writ of habeas corpus is a judicial mandate to a prison official or private person ordering that an inmate or a person in the wrongful confinement of a private person be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody.It can be also issued against a private person if that person wrongfully restrains a person's liberty or keeps him in wrongful confinement unllike other writs such as Mandamus, Quo Warranto, Certiorari, Prohibition etc which can be issued only against public authorities and not against a private person as in the case of Writ of Habeas corpus.Habeas Corpus Writ can also be explained insimple words this way.:
A writ of habeas corpus is in the nature of an order calling upon the person who has detained another, to produce the latter before the Court in order to let the Court know on what ground she/ he has been confined and to set him/her free if there is no legal justification for the imprisonment.
Only Highcourts under Article 226 and Supreme court under Article 32 of Constitution of India are vested with power to issue Writs including Writ of Habeas Once Habeas Corpus Writ is issued the person in wrongful custody should be produced before the court within 24 hours.Habeas corpus means you mayhave your body.
Literally translated, a writ of habeas corpus is a court order to "produce the body," and is generally filed by those in prison, though they are also filed by those who have been held in contempt of court by a judge and either imprisoned or threatened with imprisonment. Also known as "the Great Writ. In India Havbeas Cprpus writ can be issued against a Private person also as explained by me above.
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