What Is Habeas Corpus ?

Folks,

This term has come up pretty often, so I thought of posting a clarification on this. Applies to NRIs.

Again, this is not legal advice. This is a non binding FYI only.

Here is the file: What Is Habeas Corpus ?

Here is a SC Judgment on Habeas Corpus:

Habeas Corpus-Thokchom Lokendra-SC-Judgment

Here are some SC judgments on Habeas Corpus:

Here is an example of the use of Habeas Corpus: ”

Habeas Corpus filed to produce arrested Maoists

A Habeas Corpus petition was filed before the Madras High Court to produce three Maoists who were arrested by Special Task Force police in Tirupur on July 9.
In his petition, Centre for Protection of Civil Liberties General Secretary G Haribabu contended that the three Maoists- Sundarmurthy(30), Karthik(25) and Easwaran(23) were arrested by the special police team actually on July eight and not on July nine.
Mr Haribabu submitted that the three were not produced before any court or remanded in judicial custody so far and the relatives of the arrested fear that the three were in illegal custody.
He prayed the High Court to issue a writ of Habeas Corpus to produce the arrested persons before the court as per Article 226 of the Constitution.
For the Government of Tamil Nadu, the respondent in the case, Home Department Secretary, “Q” Branch CID Superintendent of Police and the Special Task Force Additional Director General of Police were present when the petition was taken up for hearing.”

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6 Responses to “What Is Habeas Corpus ?”


  1. 1 Arun Kumar October 4, 2010 at 8:53 pm

    Thank you very much for providing the meaning for Habeas Corpus and by an apt example for it.

    Like

  2. 2 mandeep June 3, 2011 at 7:40 am

    Thanks for providing the elaborated meaning

    Like

  3. 3 brij mohan July 21, 2011 at 3:19 pm

    My wife is changing the her address very frequently she is also having the custody of my children I have filled a case for child custody but her new address is not known to me I also want the new address for child visitation.
    she has implicated me in 498a case but now she is on the run she has given a statement to police that she has also filled divorce case but i have not recd if I can fill Habeas Corpus petition in high court and if any one has heabeas cropus format please send on b_chibber@yahoo.com

    Like

    • 4 Dilip Kumar Dutta October 4, 2011 at 2:25 pm

      A writ of habeas corpus will lie in the event a person is detained illegally by police or whosoever is instrumental in the function of the state. State is defined in Article 12 of The Constitution of India. The writ of habeas corpus will not lie if it is filed to find out the whereabout of an absconding wife.

      Like

  4. 5 Dilip Kumar Dutta October 4, 2011 at 2:18 pm

    A writ of habeas corpus will lie in the event a person is detained illegally by police. A writ of habeas corpus will not lie to find out the whereabout of an absconding wife.

    Like

  5. 6 subhadip banerjee July 22, 2014 at 8:24 am

    I am 41yrs old , marriage life 8 yrs , my wife wants divorce . My salary 30000/month. My wife is pregnant of 7& 1/2 months. I want to know what will be my maintainance amount,& process of payment

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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