Writ of Habeas Corpus

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Now the original title of the story, Writ of Habeas Corpus

Habeas corpus is a Latin word that means ‘that you have the body’ and it literally means ‘produce the body’. It is a mechanism to recover the illegally detained and imprisoned person.

The objective of habeas corpus is to safeguard the fundamental right of freedom. It is a medium through which we can seek justice when no other remedy is available.

The habeas corpus dates back to the magna carta in 1215. It was held that “no one should be detained or arrested illegally without fair trial” which was signed by King John.

Habeas corpus has been used as a fundamental part of the constitution of many countries. In the constitution of Pakistan, habeas corpus is embedded fundamentally.

Article 10 of the constitution of Pakistan safeguards from illegal arrest and detention. It further states that any person arrested should be brought before a court within 24 hours.

Articles 199 and 184 (3) of the constitution of Pakistan empower the High Court and the Supreme Court to issue the writ of habeas corpus respectively.

Both courts can take action on habeas corpus and the Supreme Court has the power to take Suo Moto action.

The Supreme Court takes Suo Moto when an issue affects the public at large. If a minority or foreigner is illegally detained and there is a chance of national disturbance then the supreme court takes Suo Moto.

The writ of habeas corpus can only be filed when no other remedy is available. It can be filed against private persons as well as government authorities.

Before filing the writ in the High Court there are other remedies available in the code of criminal procedure CrPC. Section 100 and section 491 of CrPC deal with the cases of habeas corpus.

Under section 100 of CrPC, the court can issue a search warrant to find the missing person. Under section 491 of CrPC, the court can order the release of an illegally detained person or order to bring him to court and start a fair trial.

If the issue was not solved with the above remedies then the writ can be filed in the High Court.

A case related to habeas corpus was between Abdul Latif vs Govt: of Pakistan

In this case, a man named Abdul Latif was detained by Govt: of Pakistan under Pakistan Public Safety Ordinance in East Pakistan. Latif’s lawyer filed a writ of habeas corpus and the Supreme Court held that the detention was illegal and ordered to release him.

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This story was originally published on medium.