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Habeas Corpus is the Only Remedy Against Illegal Detention: High Court

A full bench of the Hyderabad High Court has made it clear that the writ of habeas corpus is the only remedy available against illegal detention of a citizen. The writ’s object is to secure the release of a person who is illegally deprived of his liberty, it has noted.

“Liberty of a citizen is a precious right, which cannot be transgressed by any one, including the detaining authorities. A writ of habeas corpus is an effective and prompt remedy. The detenu or any other person on his behalf can file habeas corpus writ petition to show a prima facie case of his unlawful detention and ,if he succeeds in establishing before the Court, he is entitled to the writ of habeas corpus as of right.”

The bench headed by acting chief justice Dilip B Bhosale has made the above observations while dealing with a question referred to it: “Whether a petition for a writ in the nature of habeas corpus, under Article 226 of the Constitution, can be entertained against the order of preventive detention passed under the provisions of Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act or any other enactment authorising preventive detention?”

Article referred: http://www.newindianexpress.com/cities/hyderabad/Habeas-Corpus-is-the-Only-Remedy-Against-Illegal-Detention-High-Court/2015/09/07/article3014268.ece

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