States Response To Petition For Writ Of Habeas Corpus: Fill & Download for Free

Habeas Corpus[Latin, You have the body.] A writ (court order) that commands an individual or a government official who has restrainedanother to produce the prisoner at a designated time and place so that the court can determine the legality of custody anddecide whether to order the prisoner's release.A writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner'sdetention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court mayorder the prisoner's release. Habeas corpus relief also may be used to obtain custody of a child or to gain the release of adetained person who is insane, is a drug addict, or has an infectious disease. Usually, however, it is a response toimprisonment by the criminal justice system.A writ of habeas corpus is authorized by statute in federal courts and in all state courts. An inmate in state or federal prisonasks for the writ by filing a petition with the court that sentenced him or her. In most states, and in federal courts, the inmateis given the opportunity to present a short oral argument in a hearing before the court. He or she also may receive anevidentiary hearing to establish evidence for the petition.The habeas corpus concept was first expressed in the Magna Charta, a constitutional document forced on King John byEnglish landowners at Runnymede on June 15, 1215. Among the liberties declared in the Magna Charta was that "No freeman shall be seized, or imprisoned, or disseised, or outlawed, or exiled, or injured in any way, nor will we enter on him orsend against him except by the lawful judgment of his peers, or by the law of the land." This principle evolved to mean thatno person should be deprived of freedom without Due Process of Law.

Habeas corpus is the Latin word which means " bring or present the body before the court".​Writ of habeas corpusHabeas corpus is the Latin term which means ‘you must have the body’. It is the order issued by the court to present the detenu before the court and to check whether the arrest was lawful or not​The supreme court under Article 32 and the high court under Article 226 have the power to issue writs for the enforcement of fundamental right .​Against whom the writ of habeas corpus lies?​ A writ of Habeas Corpus lies or is issued against any person or authority who has illegally detained or arrested the prisoner.​Which means that, if any public official or authority has arrested a person on a mere reason that appears not to be legal or valid by the court, then the writ of Habeas Corpus can be issued against such an official.​​Case law --Landmark Case -ADM Jabalpur V Shiv Kant Shukla 1976 SC 1207Fact ---Presidentt down the right to move to the court with respect to the orders of detention after proclaimed emergency 23 dec 1976.(​The question was raised whether the writ of habeas corpus is maintainable in this situation or not.)Held -- a state has the power to restrain the rights especially right to life enshrined under article 21 of the Indian constitution in an emergency situation.( All rights suspended during emergency).​​Sunil Batra v. Delhi Administration 1980 AIR 1579​In this case, it was held by the court that the writ petition of habeas corpus can be filed in the court that not only for the wrongful or illegal confinement of the prisoner but also for his protection from any kind of ill-treatment and discrimination by the authority responsible for his detention.​​Illustration​​A has been taken into custody by B a police officer without a warrant. All the efforts made by A’s family to know the whereabouts of A turned out to be futile. As he was detained wrongfully by B (police officer), the writ of habeas corpus can be filed in court by A’s family on his behalf.​Conclusion-​The writ of habeas corpus is the most important writ available to a person as it enables him to determine the right to his liberty. It acts as a remedial measure .

Few days ago while Justice Chandrachud was hearing Arnab’s case he said “When states target a particular individual with vendetta” they must think twice in doing so as they mustn’t forget that the apex court is there to protect the “Personal liberty and fundamental rights of each citizen.After CJI has said it openly that they want to discourage the use of powers of SC under article 32. I just want to ask Justice D.Y chandrachud was his statement only for Arnab not for other Journalists.Significance of Article 32A mere enumeration of rights, even if it is meticulously worded is not enough. What is needed is a provision for its enforcement, an avenue for redressal. Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights.What actually happened ?The journalist was detained along with some others on October 5 while on their way to Hathras in Uttar Pradesh, where a Dalit girl was allegedly gang-raped by four men. An FIR had been registered under the Unlawful Activities Prevention Act in the case. Mr. Kappan is lodged in the Mathura jail, the KUWJ noted.“But the FIR does not have his name in it. There is no reference of an offence against him. But he is in jail since October 5. The magistrate says go to jail. The jail authorities say go to the magistrate... My Lord, this man is a journalist”, Mr. Sibal submitted.What is a Writ Petition?A writ petition is essentially a court petition for extraordinary review, asking a court to intervene in a lower court’s decision. Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court and the High Courts of Judicature of all Indian states. Parts of the law relating to writs are outlined in the Constitution of India.Type of WritsThe Constitution empowers the Supreme Court and High Courts to issue orders or writs.The types of writs are:Habeas CorpusCertiorariProhibitionMandamusQuo WarrantoHabeas CorpusHabeas Corpus is a writ that is enforced to protect the fundamental right to liberty of an individual against unlawful detention. This writ commands a public official to deliver a detained person in front of the court and provide valid reasons for the detention. However, this writ cannot be issued in case the proceeding is for contempt of a legislature or a court.So it is clear the SC and its bench is aware of the gravity of the situation but it won’t interfere to protect the liberty and fundamental rights of the victim because the journalist in this case not pro-govt and going against the BJP Govt both in states/centre is a big crime in this country.The kind response CJI is giving in kappan’s case is enough to conclude that the judiciary is no longer independent in this country. The independent bodies never hesitate to exercise their power as per the constitution and prevent the exploitation of common citizen by illegal detention. The partial nature of courts no longer remains hidden in the larger public domain.