Writ of Habeas Corpus
Habeas
corpus is a Latin term meaning "you have the body". It is a writ (court
order) which directs the law enforcement officials who have custody of a
prisoner to appear in court with the prisoner in order to determine the
legality of the prisoner's confinement. Habeas corpus petitions are
commonly used when a prisoner claims illegal confinement, such as
holding a person without charges, when due process obviously has been
denied, bail is excessive, parole has been granted, an accused has been
improperly surrendered by the bail bondsman or probation has been
unjustly denied. A petition for habeus corpus may be based on an error
of fact or error of law. However, the determination made is whether due
process rights were violated, not whether the prisoner is guilty.
Another
name for Habeus Corpus is Habs-e-Bay Ja.. A writ of Habeas Corpus is
filed under section 491 of Criminal Procedure Code 1898. The proper
forum is the session court for filing this writ as it has jurisdiction
to look into the matter. The SHO of the police station which is located
in the vicinity of the place where the person is under illegal
confinement is made party in the same writ. As a result the illegally
confined person is brought to the court and his/her statement is
recorded. In the light of that very statement the Writ is disposed off
by the session judge.. That is the procedure in this writ.
