What is writ of Habeas Corpus?
Habeas Corpus is a writ to assert personal liberty. The word Habeas Corpus means “that you have the body to submit or answer”. This writ is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from unlawful detention whether in State prison or in private custody. By this writ, the Hon’ble High Court commands the production of the subject and inquires into the cause of detention. If there is no legal justification for detention, the man is ordered to be released from custody.
When order of preventive detention passed by the State authorities can be challenged before the Hon’ble High Court under the writ of Habeas Corpus?
An order of preventive detention can be challenge on any of the following grounds –
- The order is not by a competent authority.
- The pre-condition for the exercise of power does not exist.
- Absence of bona fide in passing the order.
- There was non-application of mind.
- The grounds are/or one of the grounds is vague, indefinite, irrelevant, extraneous, non-existent, or baseless.
- The person against whom an order of detention is passed is already in Jail awaiting trial in respect of alleged activities.
- The order is passed by way of punishment after the detenu has been discharged or acquitted in a criminal trial.
- The case of the detenu considered by only two of the three members who constitute the advisory board constituted under the Act.
- Failure to refer the detenu’s case to the board within the time fixed by the statute.
- Where the initial order of detention fixes the period of detention.