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Habeas Corpus Writ:
Basic:
(1) Habeas corpus is the writ -who has lost his personal liberty without any legal justification.
(2) not for past detention
(3) Bring the body.
Against Whom? State, Private Individuals.
Who Can have this Right? All, no matter Indian or outsider.
Constitution Provision: Article 32, Article 226
Habeas Corpus Writ:
HABEAS CORPUS WRIT DURING EMERGENCY:
Maintainable, 44th Constitutional , ADM Jabalpur v. ShivKant Shukla case
Whether the doctrine of res judicata applies to this writ
In Lallubhai Jogibhai Patel vs Union Of India & Ors on 15 December, 1980 it was held that no second petition for the writ of habeas corpus is maintainable in the court if filed on the same grounds as of the first one.
Habeas Corpus Writ:
WHEN CAN BE REFUSED?
Judicial Custody
Legitimate
Extra Territorial Jurisdiction.
Burdon of Proof
The burden of proof lies over the person or the authority to satisfy the court that the detention or confinement of the person was made on legal grounds.
Habeas Corpus Writ:
World habeas corpus
In the 1950s, American lawyer Luis Kutner began advocating an international writ of habeas corpus to protect individual human rights. In 1952, he filed a petition for a "United Nations Writ of Habeas Corpus" on behalf of William N. Oatis, an American journalist jailed the previous year by the Communist government of Czechoslovakia.
Where is world today?
UDHR: Article 3, Article 5, ICC, International Criminal Tribunals,
Human Rights.