HABEAS CORPUS

Sept. 28, 2019

The J&K High Court is witnessing a growing number habeas corpus cases in the wake of the crackdown that began in August 2019 in Kashmir valley. Only 15 and 26 habeas corpus cases were filed before the court in June and July, respectively. The number shot up to 120 in August and about 115 in the first three weeks of September.

About:

  • Right to Constitutional Remedies: The Indian Constitution empowers the Supreme Court to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution under Article 32. Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen.

  • There are five types of Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

  • Habeas Corpus: "Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained , whether in prison or in private custody, before a court and to release him if such detention is found illegal. 

Source : The Hindu