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Writ of Habeas Corpus:Meaning and Drafting


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1 Hidayatullah National Law University, Raipur, India
     

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"Habeas corpus" is a Latin term. It means 'have the body', 'have his body' or 'bring the body'. By the writ of Habeas corpus, the court directs the person (or authority) who has arrested, detained or imprisoned another to produce the latter before it (court) in order to let the court know on what ground he has been arrested, detained, imprisoned or confined and to set him free if there is no legal justification for the arrest, detention, imprisonment or confinement.1 It is a writ to a jailer to produce a prisoner in person, and to state the reasons of detention.2 The main objective behind it is to provide effective remedy against illegal detention&to release a person from it. An illegally detained person may apply for the Habeas Corpus. Any other person may also apply on behalf of prisoner against the person or authority who has illegally detained or arrested the prisoner.
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  • Writ of Habeas Corpus:Meaning and Drafting

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Authors

Muhammad Riyazul Ameen Memon
Hidayatullah National Law University, Raipur, India

Abstract


"Habeas corpus" is a Latin term. It means 'have the body', 'have his body' or 'bring the body'. By the writ of Habeas corpus, the court directs the person (or authority) who has arrested, detained or imprisoned another to produce the latter before it (court) in order to let the court know on what ground he has been arrested, detained, imprisoned or confined and to set him free if there is no legal justification for the arrest, detention, imprisonment or confinement.1 It is a writ to a jailer to produce a prisoner in person, and to state the reasons of detention.2 The main objective behind it is to provide effective remedy against illegal detention&to release a person from it. An illegally detained person may apply for the Habeas Corpus. Any other person may also apply on behalf of prisoner against the person or authority who has illegally detained or arrested the prisoner.