LITERAL MEANING
Produce the body to the court
ORIGIN
Latin
EXPLAINATION
There are 5 types of writs provided in our law system one of which is Habeas corpus. A writ of habeas corpus is used to bring a prisoner or other detainee . The Habeas corpus was first originated in 1215, through the 39th clause of the Magna Carta signed by King John, which provided “No man shall be arrested or imprisoned except by the lawful judgment of court or law “.Its simple meaning is that you may have the body.
A writ of habeas corpus is not itself a remedy, but instead, a legal procedure used as a protection against wrongful detention. A person shall seek for this writ from a court to obtain immediate release from unlawful confinement or arrest by the police , as when the confinement has occurred through a means that violated the person’s constitutional rights and human rights as well. A habeas petition proceeds as a civil action against the State.
CASE LAWS
Kane Sanyal vs. District Magistrate, Darjeeling & Ors.
Production of the body of the person alleged to be wrongfully restrained being an essential feature of a writ of habeas corpus and the right to obtain a writ of habeas corpus is a fundamental right of the petitioner.
Manu Bhai Ratilal Patel Tr. Ushaben V. State of Gujarat & Others.
The writ of habeas corpus has always been given due signification as an effective method to ensure release of the detained person from prison.
Also Read: Conditions for the issue of Writ of Mandamus
