AI Overview...
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Habeas Corpus - The sources highlight that habeas corpus is a high prerogative writ used primarily to challenge illegal detention or wrongful custody. For instance, the Kerala High Court (supra) clarified that a wife can file a habeas corpus petition to recover a child from illegal detention, emphasizing its role in custody disputes Lalit Mohan VS State of Punjab - Punjab and Haryana.
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Detention Orders - Multiple cases involve petitions seeking to quash detention orders (e.g., Nos. 134/DMS/2018, 141/DMB/2019). Courts have consistently held that detention orders, if well-founded in law and fact, are subject to judicial review via habeas corpus, and such petitions are dismissed if the detention is lawful Mohammad Latief Dar VS State - Jammu and Kashmir, Firdous Ahmad Wani VS State Of J&K - Jammu and Kashmir, Rouf Ahmad Dar VS Govt. of J&K - Jammu and Kashmir, Tariq Ahmad Malik VS State of J&K - Jammu and Kashmir, Waseem Ahmad Sheikh VS Govt. of J&K - Jammu and Kashmir, Mushtaq Ahmad Wani VS State Of J&K - Jammu and Kashmir.
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Grounds for Habeas Corpus - Courts have reiterated that there are no strict procedural prerequisites for filing a habeas corpus petition; any interested person can approach the court for the release of a detainee. Objections regarding the premature filing of such petitions are generally overruled, emphasizing the accessible nature of this writ Sunil Kumar VS State - Crimes, Sunil Kumar VS State - Jammu and Kashmir.
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Procedure and Evidence - Detention records are crucial but may not always be submitted promptly. Courts have observed that detention records can be produced subsequently, and the law permits judicial review based on the record and lawfulness of detention Mushtaq Ahmad Wani VS State Of J&K - Jammu and Kashmir.
Analysis and Conclusion:
Habeas corpus remains a vital legal remedy for challenging illegal detention or wrongful custody, including custody disputes and detention orders. Courts are inclined to dismiss such petitions if detention is lawful, but they uphold the petitioner’s right to seek judicial review regardless of procedural formality. The law emphasizes the importance of substantive legality over procedural technicalities, ensuring detainees or interested parties can access judicial remedies to protect their fundamental rights.
References:
- Kerala High Court on custody via habeas corpus Lalit Mohan VS State of Punjab - Punjab and Haryana
- Judicial review of detention orders and procedural flexibility Mohammad Latief Dar VS State - Jammu and Kashmir, Firdous Ahmad Wani VS State Of J&K - Jammu and Kashmir, Rouf Ahmad Dar VS Govt. of J&K - Jammu and Kashmir, Tariq Ahmad Malik VS State of J&K - Jammu and Kashmir, Waseem Ahmad Sheikh VS Govt. of J&K - Jammu and Kashmir, Mushtaq Ahmad Wani VS State Of J&K - Jammu and Kashmir
- General principles on filing habeas corpus petitions and procedural considerations Sunil Kumar VS State - Crimes, Sunil Kumar VS State - Jammu and Kashmir
Search Results for "T on Heabus Corpus"
2015 0 Supreme(P&H) 526 • India - Punjab and Haryana
DARSHAN SINGH
Guardian & Wards Act, 1890--Writ of Heabus Corpus--Custody of minor child--Petition to release petitioner's minor son from illegal ... State of Kerala (supra), the Division Bench of the Kerala High Court has laid down that wife can file habeas corpus petition to recover the child when there is illegal detention or wrongful custody. ... Thus, the writ in the nature of habeas corpus is not maintainable. ... 7. I have duly considered the aforesaid contentions. ... 8. ... The present petition has been filed for issuance of a....
2018 0 Supreme(J&K) 864 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
Through the medium of this Heabus Corpus petition, petitioner-detenu seeks quashment of the detention order no. 134/DMS/PSA/2018 dated 06.09.2018, purporting to have been passed by District Magistrate Shopian, whereunder detenu namely Mohammad Lateef Dar s/o Abdul Gani Dar R/o Zawoora, Dar Mohalla Tehsil
2020 0 Supreme(J&K) 185 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
of passing subsequent order -A fortiori when a detention order is quashed by Court issuing a high prerogative writ like habeas corpus ... Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 141/DMB/PSA/2019 dated 30.03.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Firdous Ahmad Wani s/o Late Ghulam Mohammad Wani R/o Mohalla Bazar Seri Warpora ... By issuing a high prerogative writ like habeas corpus or certiorari it quas....
2021 0 Supreme(J&K) 95 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition. 4.
• India - Crimes
A.M.MIR
This point has come up for consideration before my learned brother Hon'ble Khan J. in Heabus Corpus petition No. 723/91 decided on 12.11.1991 reported in Crimes Part-V, 1992 page 95. ... Neither is it indicated as to how the petitions are premative and if there be any hard and fast rule for filing a Heabus Corpus petition. Any person interested in the release of a detenu can come and file such petitions. Both these objections are, therefore overruled. ... Sethi has referred to a judgment delivered by me in Heab....
2020 0 Supreme(J&K) 397 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
They appeared through their learned counsel by virtual mode and filed counter affidavit as well by e-mail wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition.
2019 0 Supreme(J&K) 378 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and seeks dismissal of the Heabus Corpus petition. 4.
2020 0 Supreme(J&K) 369 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition. Despite directions detention record not submitted.
2020 0 Supreme(J&K) 4 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition. Detention records have also been produced.
1992 0 Supreme(J&K) 102 • India - Jammu and Kashmir
A.M.MIR
... 7) This point has come up for consideration before my learned brother Honble Khan J. in Heabus Corpus petition No. 713/91 decided on 12.11.1991 reported in Crimes Part-V, 1992 page 95. ... Neither is it explained as to how the petitions are pre-mature nor can there be any hard and fast rule for filing a Heabus Corpus petition. Any person interested in the release of a detenue can come and file such petitions. Both these objections are, therefore, over-ruled. ... Sethi has referred to a judgment delivered by me in #HL....
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