The Writ of Habeas Corpus

Writ of Habeas Corpus has always been given due signification as an effective method to ensure release of those detained in prison. It’s a swift and imperative remedy in all cases of illegal restraint or confinement [Secretary of State for Home Affairs v. O’Brien, (1923) AC 603]. It has through ages been ‘jealously maintained’ by Courts as a check upon illegal usurpation of power by Executive.

Writ of Habeas Corpus is an extraordinary remedy which may be granted only on reasonable grounds or probable causes being shown, as was held by this Court in Mohd. Ikram Hussain v. State of Uttar Pradesh, AIR 1964 SC 1625 and Kanu Sanyal v. District Magistrate, Darjeeling, (1973) 2 SCC 674.

It is well established, in issuing a Writ of Habeas Corpus in case of minors, jurisdiction which Court exercises is an inherent jurisdiction as distinct from a statutory jurisdiction conferred by any particular provision in any special statute.

Hon’ble Justice J.B. Pardiwala, Rajeswari Chandrasekar Ganesh v. State of Tamil Nadu, [Writ Petition (Criminal) No. 402 of 2021].