Saturday, 28 May 2022

Habeas corpus

                                       HABEAS CORPUS






INTRODUCTION


IT’S A WRIT REQUIRING SOMEONE WHO HAS DETAINED ANOTHER PERSON TO SUPPLY THE LATTER’ BODY BEFORE THE COURT . WHICH  THEN CONSIDERS THE EXPLANATION FOR THE DETENTION IN ADDITION AS ITS LEGALITY.

IF THE DETENTION IS FOUND TO BE ILLEGAL, THE CAPTIVE ARE RELEASED. AS A RESULT, THIS WRIT PROTECTS INDIVIDUAL LIBERTY FROM IMPULSIVE DETENTION.

EACH PUBLIC AUTHORITIES AND PERSONAL PEOPLE MAY BE SERVED WITH A WRIT OF HABEAS CORPUS.

THE WRIT, ON THE OPPOSITE HAND, ISN’T ISSUED WHERE:

THE DETENTION IS LAWFUL,

THE CONTINUING IS FOR CONTEMPT OF A LEGISLATIVE ASSEMBLY OR A COURT,

THE DETENTION IS BY A COMPETENT COURT, AND

THE DETENTION IS OUTSIDE THE COURT’ JURISDICTION.


PROVISIONS OF THE CONSTITUTION

AN ARRESTED PERSON IS REQUIRED IN TERMS OF SECTION 22 TO APPEAR BEFORE A MAGISTRATE WITHIN 24 HOURS OF DETENTION, AND FAILURE TO DO SO WARRANTS RELEASE.

THE TEXT OF THE HABEAS CORPUS CAN BE USED NOT ONLY AGAINST THE STATE, BUT ALSO AGAINST ANY PERSON WHO ILLEGALLY BINDS OR BINDS ANOTHER PERSON.

IN SUCH CASES, IT IS THE DUTY OF THE POLICE TO MAKE EVERY EFFORT TO ENSURE THAT THE DETAINEE IS RELEASED;

HOWEVER, IF A PERSON IS NOT FOUND DESPITE SUCH EFFORTS, THE POLICE CANNOT BE PUT UNDER UNNECESSARY PRESSURE TO DO THE IMPOSSIBLE.

EXAMPLES

EXAMPLES NEEDED

GOPALAN VS GOVERNMENT OF INDIA

THE SUPREME COURT HAS SET A PRECEDENT BY WHICH THE VALIDITY OF THE ARREST WARRANT MAY BE CONSIDERED.

SUNIL BATRA VS DELHI ADMINISTRATION

A LETTER WRITTEN BY A CONVICTED PERSON TO ONE OF THE JUDGES OF THE SUPREME COURT WAS REGARDED AS A WRITTEN PETITION.

THIS DOCUMENT HAS BEEN USED BY THE COURT TO ADDRESS THE NEGLECT OF STATE PRISONS.

D.K.BASU V. STATE OF WEST BENGAL

THIS IS A LANDMARK DECISION WHERE JUSTICE T.S. THAKUR SETS GUIDELINES THAT THE ARRESTEE MUST FOLLOW.

THESE REGULATIONS INCLUDE BRINGING A PERSON BEFORE MAGISTRATE WITHIN 24 HOURS OF BEING ARRESTED AND DETAINED;

IF THESE GUIDELINES ARE NOT FOLLOWED BY THE COURT, THE ARRESTED PERSON SHOULD BE ENTITLED TO RELEASE FOR THE SAME REASONS AS THE HABEAS CORPUS LETTER.



SIGNIFICANCE

THE APPLICANT MUST BE IN SOMEONE ELSE’S ARREST .

THIS WRIT  MAY BE USED NOT ONLY BY AN ARRESTED PERSON, BUT ALSO BY ANOTHER PERSON ON HIS BEHALF.

AS THE PRESCRIBED METHOD OF SUBMITTING THIS DOCUMENT IS NOT REQUIRED, THE COURTS WILL ACCEPT BOTH FORMAL AND INFORMAL APPLICATIONS IN RESPECT OF THE LETTER.

A PERSON MAY NOT APPLY FOR A BOOK TO DIFFERENT JUDGES IN THE SAME COURT IN SUCCESSION.

THUS, IF AN APPLICATION IS REJECTED BY ONE JUDGE, IT CANNOT BE MADE TO ANOTHER JUDGE OF THE SAME COURT, AND IN THAT CASE, IT WILL BE REJECTED ON THE BASIS OF THE RES JUDICATA SYSTEM.

THIS DOCUMENT WILL APPLY IN THE EVENT OF A POLICE ARREST WITHOUT HAVING TO FOLLOW ALL THE NECESSARY PROCEDURES AND PROCEDURES.

HABEAS CORPUS BECOMES THE MOST IMPORTANT DOCUMENT IN PROTECTING PERSONAL FREEDOM.


CONCLUSION 


IT IS AN IMPORTANT WRIT AS PROVIDED UNDER CONSTITUTION WHICH IS THE BASIS OF SOCIAL JUSTICE . IT IS IMPORTANT FOR THE DEMOCRACY TO CONSIDER ALL THE CITIZENS EQUAL AND PROTECT THEM FROM THE VIOLATIVE DISCRIMINATION . THE DISCUSSED LANDMARK CASES HAVE PROVEN TO BE REVOLUTION IN INDIAS APPROACH TOWARDS THE GROWTH OF SOCIAL JUSTICE IN THE NATION .


No comments:

Post a Comment

Privity of Contract

 PRIVITY OF CONTRACT By: Robin Pandey Date: 04/03/2022 The doctrine of "privity of contract" means that a contract is cont...