Writ of Habeas Corpus as a Legal Remedy

Habeas corpus is a Latin term which means ‘have the body’. The concept of writ of habeas corpus has originated from England. This is a writ or legal action which can be used by a person to seek relief from illegal detention. The writ of habeas corpus saves a person from harm caused by an unfair action of the legal system.

This order of the court obliges a custodian, such as a police officer, to produce the prisoner before the court to determine whether the prisoner was detained based on valid legal grounds. That is, a person who feels that he has been detained in an unjust manner may file the writ of habeas corpus, so that he can be brought before the Court, and the Court can decide the validity and justification of such detention.

The writ of habeas corpus acts as the most effective legal remedy that checks unjust and unlawful detention orders issued by legal authorities. If the Court thinks that the accused was detained without any valid legal justification, it may decide to release the accused. The main purpose of this order is to protect the innocent from being proven guilty.

Writ of Habeas Corpus: Grounds for Unlawful Detention

A detention is considered unlawful when:

• The detention is made against law
• The procedure followed for detaining a person is not in accordance with those laid down by the law.
• The law followed is not valid, as it violates the fundamental rights of a person.