Introduction

If someone literally translated the term “Habeas Corpus”, then the meaning would be “you may have the body”. In the Indian constitution there are 5 writs and Habeas corpus is one of them. This writ is used to enact the fundamental right of liberty against unlawful detention. Through this writ the Supreme Court or high court gave the order to bring the person to the court who has already been arrested.

Habeas Corpus

The “Habeas Corpus” first started from the “Assize Clarendon” act of Henry II in 1166. This writ has been totally described by William Blackstone in the eighteenth century. It is the Latin word and the Latin meaning of these two words is to have the body. With the help of this writ the court ordered the Summon to bring the prisoner before the court. Then the court demands the lawful authority of the custodian, if the custodian has no lawful authority then the prisoner would be released without any punishment. This writ provides the guarantee against the detention of the law. In some countries the writs can be temporarily suspended due to the war or any emergency. Rather than the “Habeas corpus” the other 4 writs are- “quo warranto”, “Prohibito”, “Mandamus”, and “Certiorari”. In the Indian judiciary this writ is totally related to the security of a person and saves him from the illegal detention. In the United States law this writ is also called the “great writ” and it acts as an independent civil action. This law is mainly issued by the judge of any court. The Habeas Corpus was first recognized in the law system of the Anglo- American countries. Later, the other countries have adopted this writ in their laws or constitutions. In the modern era this writ is mainly requested on the behalf of the police custody to release the prisoner. This writ helps the prisoners who were unlawfully detained. 

Habeas corpus act 1679

“The Habeas Corpus Act of 1679” was passed after the English Civil War in the monarchy of Charles II of England. This act strengthened the ancient writ which was a powerful feature of the “English Common Law” before the “Magna Carta act”. It is an act of parliament and it is still in force. This act ensures and provides individual liberty to the unlawful imprisonment of common people. The term “Habeas Corpus” sounds strange but in the medieval period this act was used to bring the captive to court and later it has been used to fight against the arbitrary detention. The Habeas Corpus act of 1679 authorized the judges to issue the writ for the proper implementation. The use of this writ was expanded during the 19th century. During the time of the American Revolution the Habeas Corpus rights were regarded as the basic protection of individual safety and security. In England the use of this writ or right occurred during the time of the French Revolution. This act was suspended several times. In the United States Abraham Lincoln has suspended the writ for the outbreak of the American Civil War of 1861. In 1793 the Habeas Corpus was suspended due to the French Revolution. In 1215 the Magna Carta depicted that no person can be unlawfully imprisoned but the Habeas Corpus did not make any law until 1679. 

Habeas corpus case

By using this writ the Supreme Court and the high court both can issue this against the public and private authorities. The Habeas Corpus cannot be used due to when the detention is illegal and when the restraint is outside of the jurisdiction. There are many Habeas corpus regarding cases in India. Some of them are-

• “ADM Jabalpur v. ShivKant Shukla case” is the famous case related to this. During the emergency of 1975- 1977 this case happened. 
• Another famous case related to the Habeas Corpus is “Ramabai Balkrishna vs the secretary of urban development”. This case occurred on 12th October 1976.
• Ram Kumar Peyari Lal vs. the District magistrate case is another important case related to the Habeas Corpus act. This case happened on 28th May, 1965.
• On 20th July, in the year of 2021 Lalit Gupta vs. the U.O.I are another recent important case regarding this law. 
• A.K.Roy vs. the Union of India which happened on 28th December 1981 is another case on Habeas Corpus. 
• The other most important case is the Emperor vs. Shibnath Banerjee case which occurred during the month of July in 1945.

Conclusion

The Habeas Corpus helped the court judge, by using this writ the court either charged the arrested person or released the person. This writ helps the prisoner who was unlawfully arrested. Through the Habeas Corpus the court ordered the custody to bring and present the prisoner physically. This act or the writ is very useful for the common people of a country, because it gives security and liberty to those people. Thus, this writ mainly helps the prisoners who were unlawfully detained.