The Writ of Habeas Corpus


Writ of Habeas Corpus has always been given due signification as an effective method to ensure release of those detained in prison. Secretary of State for Home Affairs v. O’Brien, (1923) AC 603 (609) observed, it does a swift and imperative remedy in all cases of illegal restraint or confinement. Writ of Habeas Corpus is a prerogative writ and an extraordinary remedy. It is a Writ of Right and not a Writ of Course and may be granted only on reasonable ground or probable cause being shown, as was held by this Court in Mohd. Ikram Hussain v. State of Uttar Pradesh, AIR 1964 SC 1625 and Kanu Sanyal v. District Magistrate, Darjeeling, (1973) 2 SCC 674.

It is well established, in issuing Writ of Habeas Corpus in case of minors, jurisdiction which Court exercises is an inherent jurisdiction as distinct from a statutory jurisdiction conferred by any particular provision in any special statute.

Hon’ble Justice J.B. Pardiwala, Rajeswari Chandrasekar Ganesh v. State of Tamil Nadu, [Writ Petition (Criminal) No. 402 of 2021].


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