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What is a writ?
A writ is a form of written command in the name of a court or other legal authority, to act, or abstain from acting, in a particular way. Article 32 of the Constitution of India empowers the Supreme Court to issue Writs while Article 226 empowers High Courts to do so.
There are 5 types of writs :-
Writ of Habeas Corpus:
Out of these, the writ of Habeas Corpus is a special one. Habeas Corpus literally means “to have a body of”. Therefore, this writ is a direction towards any authority or an individual who has detained a person, demanding that such person needs to be produced before the Court, to examine the grounds upon which such detention was made. The main purpose of this writ is to ensure that no person is detained unlawfully. No wonder, it is rightly called “the bulwark of personal liberty”.
Origin:
Looking into the history of this writ, it is said to have originated from the Anglo-Saxons initially, though there is no clear information as to its exact origin. Much later, evidence as to this writ was found in the Magna Carta.
Who can invoke this Writ?
This writ may also be filed by a person other than the detained person when such person is unable to pray for release on his own.
Circumstances under which this writ can be invoked
The writ of habeas corpus, described as “the first security of civil liberty", provides a prompt and effective remedy against illegal detention.
This writ can be invoked against public authorities or individuals when :-
● A person has been detained but has not been produced before the Magistrate within 24 hours.
● The person has been arrested when there has not been a violation of any law in force.
● The arrest is made under any unconstitutional law (ie); not consistent with the Constitution of India.
● Such an arrest or detention is done with malafide intent.
● Where there are instances of inhuman treatment in jails.
However, the writ of Habeas Corpus can be invoked only when there has been illegal or unlawful detention and cannot be invoked when such detention is lawful.
Conclusion:
Ultimately, this writ serves as a very effective remedy against illegal detention, preventing the miscarriage of justice.
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