Habeas Corpus
Habeous corpus
Writ of habeas corpus which has always been considered as 'a great constitutional privilege' or 'the first security of civil liberty'
Habeas Corpus - Writ of habeas corpus which has always been considered as 'a great constitutional privilege' or 'the first security of civil liberty' - The writ is meant to provide an expeditious and effective remedy against illegal detention, for such detention affects the liberty and freedom of the person who is in confinement - Thus, the pivotal purpose of the said writ is to see that no one is deprived of his/her liberty without sanction of law - It is the primary duty of the State to see that the said right is not sullied in any manner whatsoever and its sanctity is not affected by any kind of subterfuge - The role of the Court is to see that the detenue is produced before it, find out about his/her independent choice and see to it that the person is released from illegal restraint - The issue will be a different one when the detention is not illegal - What is seminal is to remember that the song of liberty is sung with sincerity and the choice of an individual is appositely respected and conferred its esteemed status as the Constitution guarantees - It is so as the expression of choice is a fundamental right under Articles 19 and 21 of the Constitution, if the said choice does not transgress any valid legal framework - Once that aspect is clear, the enquiry and determination have to come to an end - If there was any criminality in any sphere, it is for the law enforcing agency to do the needful but as long as the detenue has not been booked under law to justify the detention which is under challenge, the obligation of the Court is to exercise the celebrated writ that breathes life into our constitutional guarantee of freedom.
Exercise of the jurisdiction to declare the marriage null and void - Serious transgression
Habeas corpus - The exercise of the jurisdiction to declare the marriage null and void, while entertaining a petition for habeas corpus, is plainly in excess of judicial power - The High Court has transgressed the limits on its jurisdiction in a habeas corpus petition. In the process, there has been a serious transgression of constitutional rights. (Dr. D. Y. Chandrachud, J)
Ambit of
Habeas corpus - - The ambit of a habeas corpus petition is to trace an individual who is stated to be missing. Once the individual appears before the court and asserts that as a major, she or he is not under illegal confinement, which the court finds to be a free expression of will, that would conclude the exercise of the jurisdiction. (Dr. D. Y. Chandrachud, J