HABEAS CORPUS - Saviour of Liberty or Just a Legal Remedy?

  Well, do u believe that Habeas Corpus plays a vital role in protecting Individuals Rights today ?

a. YES, it is a pillar of Liberty

b. Somewhat, based on situation 

c. No, it does not

What do mean by 'Habeas Corpus'? What is it?

1.     In legal term mean “To have the body”. In simple language it is  a right which is given to an individual which protect them from any unlawful detention. It basically allows an individual to challenge the legality of the detention in the court of law. If the court found that the detention was unlawful and not according to the law, the court will release such individual from such detention.

Why do we even need Habeas Corpus?

Well, to answer this question lets imagine a Scenario

You were roaming in the streets at night and suddenly an police officer arrested you just for roaming on the road and imprisoned you. Do u think that arrest was lawful? Do think that Police officer can just arrest you without any reason? Moreover, the Police officer didn't even produced you before the Magistrate and 24 hours have passed? What will you do ? Do any other third person can act your behalf?

For all the answers we must first understand why we need Habeas Corpus!

1.     We need Habeas corpus as it is a fundamental right which serves as a protection to an individual from any unlawful detention. Without Habeas Corpus there will be more use of arbitrary power or abuse of power by government or government authorities as they will detain any individual without any reason or without any justification which will eventually leads to the one-sided case and will diminish the liberty of an individual to challenge any unlawful thing in the court of law.

So we need it because:

                          I.          It is fundamental right of an individual

                        II.          It will reduce the government/ authorities overpower

                      III.          No arbitrary Action

Now you know why we need Habeas Corpus but do u know Under which Article of Indian Constitution one can File  a Writ Petition in Supreme Court and High Court of India?

We can file Habeas Corpus under Article 32 of the Indian constitution in Supreme Court and under Article 226 of Indian constitution in High Court.

so as of now many questions from the above scenario has been answered clearly :

• That the detention was unlawful.
• Secondly, detention on the grounds of merely roaming in night does not constitute a right to arrest.
• Such Detention is violative of Article 21(Right to Life and Personal Liberty) of the Indian Constitution.
• The arrest is illegal and arbitrary use of power violating the Fundamental Right.
•  Not Produced before the magistrate within the 24 hours of detention violates Article 22(2) of the Indian Constitution as well as the section 57 of Bharatitya Nagrik Suraksha Sanhita (BNSS)

CAN A THIRD PERSON ON YOUR BEHALF FILE A WRIT PETITION?

YES, they certainly can!

To understand this lets Dive into a LANDMARK JUDGMENT

SUNIL BATRA V. DELHI ADMINISTRATION (1978)

Facts of the case:

In this case a prisoner (Sunil Batra) wrote a letter to supreme court stating the prisoners are being treated inhumanly by the prison warder. He further alleged that his fellow prisoners were treated so inhumanly by the prisoner warder that he nearly died as the prison warder inserted rod inside the intimate anal region to extort money from his relatives. The Supreme Court treated that letter as Writ Petition under habeas corpus to investigate such allegations.

Legal Issues:

• Whether the Supreme court has jurisdiction to entertain such letter as a Writ Petition from a prisoner?
• Whether Habeas Corpus can be used to prevent such inhumanly behavior against a prisoner?  
•  Whether Habeas corpus be used not only for unlawful detention but also when the Fundamental Rights are being violated?
• Whether prisoners retain right under Article 14, Article 19 and Article 21 of the Indian Constitution?
•  Can a Third person file a writ petition on behalf of the any person?

          Judgement:

•  The Supreme Court Clearly stated that the Court has each and every right under Article 32 and      Article 226 of the Indian Constitution to intervene in case of any violation of Fundamental right of a person.     
• The Court further stated that just because a person is convicted under detained it does not mean his Fundamental Rights have vanished. Every person has right to challenge the unlawful doing or arbitrary use of power by any person.
• The prisoners can use the Writ petition of Habeas Corpus to treat and prevent the wrongful treatment against them and to reform prisoners act expanding the scope of Habeas Corpus not only to challenge the Unlawful detention but also to challenge the violation of any person whether if its prisoner.
• Court also emphasized that any person who is acting in good faith and interest of the detained individual can file petition of writ especially when the detainee is unable to reach the court.

LANDMARK JUDGMENTS WHICH WIDEN THE SCOPE OF 'HABEAS CORPUS'

§  K.S Puttaswamy V. Union Of India (2017)

Facts of the Case:

The Petitioner a Retired Judge challenge the Aadhar Scheme of government alleging that the Scheme is a violation of the Right to Privacy. He challenges the constitutionality of Aadhar Scheme. He further alleged that the Aadhar Biometric Data Collection which is mandatory violates his right to privacy as the personal information as such can be used for any illegal instances.

Legal Issues:

1.     Whether Right to Privacy a Fundamental Right under Constitution?

2.     Can Habeas Corpus be used for challenging such case?

                  Judgement:

• Supreme Court held that Right to Privacy is indeed an external part of  personal liberty under Article 21 of the Constitution. 
• Habeas Corpus can be used for challenging such case of privacy.
•  Any illegal data collection or any government scheme which violates the personal liberty and privacy of an individual can be challenged under the court of law.                                                  

                

§  Ankit Ghanshyam Mutha V. Union of India (Bombay High Court 2011)

            Facts of the Case:

   Happy Dhakkad a detainee who was arrested in connection of the gold smuggling 

   case. He was presented before the magistrate who remanded him with the Judicial

   Custody. The petitioner was a friend of the detainee who filed a writ petition in    
   the High Court of Bombay alleging that the arrest was illegal and the magistrate
   passed the remand order in a mechanical process.

                  Legal Issues:

1. That whether a writ petition of Habeas Corpus is maintainable when the prisoner is under Judicial Proceeding.

2. Whether a Mechanical proceeding can make the detention illegal under Habeas Corpus?

                  Judgement:

• Bombay High Court dismiss the petition stating that Habeas Corpus cannot be used as a remedy when the detention is based on the judicial remand even if the magistrate passes the order in mechanical way. 
• The Court further stated that any such order should be challenged or either ask for bail but no writ petition of habeas corpus can be used.

 

§  Ayra Khan & Another V. State of UP & Others (Allahabad High Court)

Facts of the Case:

The Petitioner Arya and her mother files a writ petition of Habeas Corpus alleging

that the grandmother and her uncle unlawfully detained her child.  Further stated after her father left the country they took the custody of child without her mother permission.

Legal Issue:

1. Can Habeas Corpus be used under the matter of child custody even if there is own personal laws and rules?

2. Whether the Child Interest and welfare will be the main and utmost things under Habeas Corpus?

                   Judgment:

• The Allahabad High court stated that though Child Custody is not entertained under Habeas Corpus but when the matter is of unlawful detention in the matter of a child or minor an exception can be made.
• The court found that the child best interest and welfare was with her mother and gave order that the child custody will remain with the mother as the child welfare and interest is a paramount under child custody.

                  

As we step back and examine the scope and evolution of Habeas Corpus, it becomes clear that it is not just Remedy to protect the Individual Fundamental Right but also a backbone of the Constitutional Liberty. It makes sure that no matter how powerful an authority is they are answerable to the People and they cannot just detain or use arbitrary power on an individual. It is a lifeline for every individual who values their rights and dignity.

From prisoners facing abuse to mother fighting for their child custody, from digital privacy to battles to wrongful arrest - Habeas Corpus stand as a Guardian of Justice. Without the right to challenge the the wrongful detention the freedom of an individual will also diminish.

Lets not Forget- WHEN THE COURT STOPS ASKING,"WHY THIS PERSON BEING HELD"? LOST OF OUR FREEDOM AND INJUSTICE BECOMES EASY!

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Written by Tanya Gupta

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