Constitutional Law

1. Made by – Praveen kr. Yadav
Enroll. No.-04113403818
BA.LLB
2nd year Sec-A

2. Writ
General Meaning- a formal order in a
writing issued under seal, in the name of
sovereign, government court or other
authority, commanding an officer or other
person, to whom it is issued, to do or
refrain from doing some act specified
therein

3. Constitutional Remedy
Under the Indian Constitution,
Supreme Court are empowered to
issue writs, for the enforcement of
fundamental rights.
Article 32 – Supreme Court
Article 226 – High Court

4. Writ of Habeas Corpus
 Habeas Corpus means, “you may have the body”
 A person when arrested, can move the court for
the writ of Habeas Corpus. It is an order by court
to the detaining authority to produce the arrested
person before it so that it may examine whether
the person has been detained lawfully or otherwise
 If the court is convinced that the person is illegally
detained, it can issue orders for the release.

5.  A writ where personal freedom of an individual is
wrongfully interfered with by another.
 It is a mandatory order directed to any person who has
unlawful custody over another person to appear before
judge immediately after the receipt of the writ.
 It is remedy in cases of wrongful imprisonment or
detention.
 It is an extraordinary remedy where the ordinary legal
remedies are inapplicable or inadequate.
 It is a writ of right and only granted upon reasonable
grounds.

6. Who can apply for the writ
 the general rule is a person who is that an application can
be made by a person who is illegally detained, but in
certain cases an application of habeas corpus can be made
by any person on behalf of the prisoner i.e friend or a
relation.
 In an application for a writ of habeas corpus the S.C will
not follow strict rules of pleading nor place undue
emphasis as to question as to on whom the burden of
proof lies. Even a postcard written by a detenue from jail
would be sufficient for the court to examine the legality of
detention.

7.  In Kanu Sanyal v. District Magistrate AIR 1974 SC
510
 While enunciating the real scope of writ of habeas
corpus, the Supreme Court opined that while dealing
with a petition for writ of habeas corpus, the court may
examine the legality of the detention without requiring
the person detained to be produced before it.
 In Sheela Barse v. State of Maharashtra AIR 1973
SC 378
 While relaxing the traditional doctrine of locus
standi,the apex court held that if the detained person is
unable to pray for the writ of habeas corpus, someone

8.  else may pray for such writ on his behalf
 The writ of habeas corpus cannot only be used for
releasing a person illegally detained but it will be also
used for protecting him from ill treatment inside the
jail.
 In Sunil Batra v. Delhi Administration AIR 190 SC
1579
 A convict had written a letter to one of judges of the
Supreme Court alleging inhuman torture to a fellow
convict. The case justice Krishna Iyer treated this
letter as a petition of habeas corpus and passed appro-

9.  Priate orders. Courts can also act Suo moto in the
interest of justice on any information received by it
from any source.
 In Nand kumar v. state of kerala AIR 2018 SC
2254
 The appellant husband was less than 21 years on the
date of marriage and his wife, the girl, was living with
him. The High Court concluded that she was not
lawfully wedded wife and allowed the writ of habeas
corpus and entrusted custody to her father.
 The S.C in appeal set aside the directions of H.C
holding free choice of the girl as to whom she wanted
to live.

10. When it lie
 The writ of habeas corpus will lie if the power of detention
vested in an authority was exercised mala fide and is made in
collateral or ulterior purposes.
 But if the detention is justified the H.C will not grant the writ
of habeas corpus
 If the following conditions are satisfied the detention is illegal
:-
 (a) if the detention is made in accordance with the procedure
established by the law. the law must be valid law and procedure
of that law must be strictly followed.
 (b) The detention is lawful if the condition laid down in the
Article 22 are complied with

11. Thank You