Writ of „Habeas Corpus?. cs professional drafting short notes
Writ of Habeas Corpus
Ans.) Writ of „Habeas Corpus? is a remedy available when a person is deprived of personal liberty or detained wrongfully. The writ of habeas corpus is a process by which a person who is confined without any legal justification may secure a release from his confinement. Under Article 226, this writ is issued by the High Court upon the person by whom a prisoner has been kept in confinement to bring such a person before the Court and provide the grounds of such confinement. If the detention is found to be illegal, the party is ordered to be released. The writ of habeas corpus can be filed by any person on behalf of the prisoner or by the prisoner himself in the High Court. The application for habeas corpus will have to be accompanied by an affidavit mentioning the circumstances of the detention.