Writ Of Habeas Corpus Example: Fill & Download for Free

The Latin phrase Habeas corpus is used to refer to a legal writ dictating that a person who has been detained or imprisoned must be brought before a court to determine whether or not they have been detained lawfully. The writ is intended to prevent individuals from being indefinitely imprisoned without trial. If you ask a lawyer, most of them will tell you that Habeas corpus means “Produce the body.” This is not an inaccurate translation, but it is not the most literal translation either.In addition to the standard translation, you can find all sorts of other claims about what the phrase supposedly literally means on the internet. Unfortunately, these claims nearly always come from people who don’t know Latin and who have managed to severely bungle their “literal” translations.What people say Habeas corpus meansIf you go online, people say all kinds of things about what Habeas corpus supposedly means. Here are just a few examples I found in various answers to the question “What does habeas corpus mean?” on Quora:This answer claims that it literally means “to have a body.”This answer claims that it literally means “bring the body here” or “bring him here bodily, under guard.”This answer claims that it literally means “you may have the body.”This answer claims that it literally means “you shall have the body.”It seems that all anyone can agree on is that the phrase has something to do with some kind of body. It will therefore probably come as little surprise to most people that every single one of these supposed literal translations is inaccurate in some way or another.What it actually meansHere is an analysis of the phrase:Habeas is the second-person singular present active subjunctive form of the second-conjugation verb habeo, meaning “to have,” “hold,” or “possess.” In this context, habeas is functioning as a jussive, so it should be translated as “You must have.” (Bizarrely enough, despite the remarkable similarities in both sound and definition, the Latin word habeo and the English word have are not cognates.)Corpus is the accusative singular form of the third-declension neuter noun corpus, meaning "body." In this case, it is functioning as the direct object of the verb habeas. There are no definite or indefinite articles in Latin, but, since we are presumably talking about a specific body in this instance, it is probably most accurate to translate this word as “the body.”The phrase Habeas corpus therefore most literally means “You must have the body.”The phrase is also, however, sometimes attested in the longer form “Habeas corpus coram nobis ad subjiciendum.” Here is an analysis of the longer version of the phrase:Coram is a preposition that takes an ablative object. It means “before” or “in the presence of.”Nobis is the ablative plural form of the Latin first-person personal pronoun. Here it is functioning as the object of coram. The phrase coram nobis should therefore be translated as either “before us” or “in our presence.”Ad is a preposition that takes an accusative object. It means “toward,” “for,” “against,” or “for the purpose of.”Subjiciendum is the accusative gerund form of the verb subjicio, meaning “to place before” or “to submit.” The phrase ad subjiciendum therefore means “for [the purpose of] submitting.”The full phrase “Habeas corpus coram nobis ad subjiciendum” therefore literally means “You must have the body before us for submitting.”The basic idea behind the phrase is that the court is ordering for the person who is detained to be brought to the court for an assessment of whether they should be released.ABOVE: Photograph from this German website of the interior of the Carcer Tullianum, a surviving ancient Roman prison. Habeas corpus prevents people from being indefinitely imprisoned without trial.Why the other translations are not literalHere is how we know the other translations I listed in the first section are inaccurate:“Produce the body” is not a perfectly literal translation of Habeas corpus because, although it accurately reproduces the meaning of the phrase, the word habeo literally means “to have,” “hold,” or “possess,” not “to produce.”Habeas corpus does not literally mean “to have a body,” because habeas is a conjugated subjunctive verb form, not an infinitive. The infinitive form of habeo is habere.Habeas corpus does not literally mean “Bring him here bodily, under guard,” since there is nothing whatsoever in the Latin phrase about the subject being guarded. We can assume that a prisoner brought before court would probably be guarded, but that doesn’t change the fact that no guards are mentioned in the text at hand.Habeas corpus does not mean “You may have the body” either. I think that the reason why some people have rendered the phrase this way is because they know that the subjunctive mood is generally used to describe things that are potentially true but not necessarily true at the moment. What they are ignoring, however, is that, in this particular case, the word habeas is clearly being used as a jussive subjunctive, meaning it is a command or statement of something that must come true, not a statement of mere possibility.Habeas corpus does not literally mean “You shall have the body” because habeas is in the present tense, not the future tense. The phrase dictates that you must have the body right now, not that you should have it at some indeterminate point in the future.Thankfully, all of these translations do at least manage to capture the gist of the phrase, which is more than can be said about plenty of other mistranslations of Latin phrases. For instance, a popular misunderstanding of the Latin word vomitorium has led to the persistent misconception that the Romans had places where they would routinely go to vomit. In reality, the word vomitorium simply refers to a passage in a theater through which audience members can leave at the end of the performance.Similarly, a misunderstanding of the meaning of the Latin word secretus has simultaneously led to the misconception that the word secretary originally meant “secret-keeper” and the misconception that the Vatican Apostolic Archive is full of top secret incriminating records.ABOVE: Photograph from Wikimedia Commons of people walking out of an amphitheater through a vomitorium

A law called as HABEAS CORPUS!!!!!!You must have watched the movie named Drishyam. In this movie, an inspector arrests a man but doesn't present him before court as he arrests him in an unlawful manner. So Habeas Corpus comes to the rescue of the man. Now let's see what habeas corpus actually mean:Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court to determine if the detention is lawful.It is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus.So next time you come across any one in your surroundings been arrested in un lawful manner please contact a lawyer and tell him it's a habeas corpus case.

A writ petition is a filing that a party makes with an appeals court in order to secure a speedy review of some issue. Writ petitions are facets of English common law, and are used in legal systems following the common law model, including those of the United States, Australia, and India. A writ petition is essentially a court petition for extraordinary review, asking a court to intervene in a lower court’s decision.A writ means an order. A warrant is also a type of writ. Anything that is issued under an authority is a writ. In this sense, using the power conferred by Article 32, the Supreme Court issues directions, orders or writs. Article 32(3) confers the power to parliament to make law empowering any court to issue these writs. But this power has not been used and only Supreme Court by Article 32 (2) and High Courts (Article 226) can issue writs. Habeas corpus, mandamus quo warranto and certiorari are Latin words. They have different meaning and different implications. Let’s understand one by one:Writ of Habeas corpusBy Habeas corpus writ the Supreme Court or High Court can cause any person who has been detained or imprisoned (this means violation of his fundamental right to liberty) to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free.Is body (physical presence) compulsory?Ordinarily yes, but in Kanu Sanyal v/s District Magistrate (AIR) (1974) case the Supreme Court laid down that the physical presence is NOT a part of the writ.When the writ of Habeas corpus is issued?When the person is detained and not produced before the magistrate within 24 hours When the person is arrested without any violation of a law. When a person is arrested under a law which is unconstitutional When detention is done to harm the person or is malafide.Who can file the petition?A general rule of filing the petition is that a person whose right has been infringed must file a petition. But Habeas corpus is an exception to that. This is because, a person detained or imprisoned may be severely handicapped. So anybody on behalf of the detainee can file a petition.Is it applicable to Preventive Detention?Yes, it is applicable.What is the core philosophy of Habeas corpusTo set at liberty a person who is confined without legal justification.Can Habeas corpus issued against state and individuals?Yes, the writ can be issued against authorities of states or individuals or organizations.2. Writ of MandamusMandamus means “we order”. The Supreme Court or High Court orders to a person, coropration, lower court, public authority or state authority.What order?The order to do something. It’s a command or directive to perform something or some act.What kind of act?Performance of the ministerial acts or public duty. The Mandamus is also called a wakening call. It awakes the sleeping authority to perform their duty. It demands an acivity and sets the authority in action.Who can file a writ petition?A person can file a writ petition against anybody who seeks a legal duty from that person.What is legal duty?Legal duty means some duty which is by a law viz. constitution, act, subordinate, legislation etc.But did the person move to the authority?Yes, the petition requires that the person moved to the authority and the authority refused to do this duty. This is demand and refusal.What is the core philosophy of Mandamus?The core philosophy is that a person or authority despite of fulfillment of such conditions which demand an action refuses to act then, the Supreme Court or High Court can ask the person or authority to perform that duty. For example, if a person fulfills all the preconditions & formalities to be issued a license but still the authority refuses to issue a license even after that person approaches to that particular authority, the person may seek writ petition.What are essential conditions to file to request the court issue Mandamas writ?The person must have a real or special interest in the subject matter.The person must have specific legal rightNo other equally effective remedy is there.The third condition can be understood by the example: A person fulfils all the conditions of an appointment and the authority has completed the selection procedure then he must be issued an appointment letter. But when the authority refuses to do this duty, the person is eligible to file a writ petition under Mandamus.Please refer to continuing mandamus in commentshttps://www.quora.com/What-is-writ-petition/answer/Rudra-Dalmia/comment/24614827?srid=dRgA&share=d175d232thanks to Prachi Patil!!!3. Writ of ProhibitionThe writ of prohibition means that the supreme court and High Courts may prohibit the lower courts such as special tribunals, magistrates, commissions, and other judiciary officers who are doing something which exceeds to their jurisdiction or acting contrary to the rule of natural justice. This implies that if a judicial officer has personal interest in a case, it may hamper the decision and the course of natural justice. Writ of Prohibition means to be issued in this case.4. Writ of CertiorariCertiorari means a writ that orders to move a suit from a inferior court to superior court.5. Quo WarrantoQuo warranto means “by what warrant”? This means that Supreme Court and High Court may issue the writ which restrains the person or authority to act in an office which he / she is not entitled to. This writ is applicable to the public offices only.