Habeas Corpus
The Writ Against Unlawful Detention
Habeas corpus (Latin: "you may have the body") is a writ commanding a custodian to produce the detained person before a court and justify the detention. Under the Indian Constitution, it can be filed in both the Supreme Court (Article 32) and High Courts (Article 226). It is one of the most fundamental safeguards of individual liberty in common law systems.
- Habeas corpus is one of the five prerogative writs available under Article 226; High Courts have broader habeas corpus jurisdiction than the Supreme Court because Article 226 is not limited to fundamental rights violations.
- During the Emergency (1975–77), the Supreme Court in ADM Jabalpur v. Shivkant Shukla (1976) controversially held that habeas corpus was suspended during Emergency — this was overruled in K.S. Puttaswamy v. Union of India (2017), which affirmed that the right to life cannot be suspended.
- PSA detainees rely entirely on habeas corpus since the Act bars bail applications in criminal courts.
- Courts can award compensation for illegal detention under public law tort principles (Rudal Shah v. State of Bihar, 1983).
● Tracked since February 27, 2026 · last seen August 10, 2026 · updates as the daily brief publishes
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