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Habeas Corpus Case - Background, Features, Arguments of the State and the Defendant, SC Judgement & More!
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Habeas Corpus is a fundamental legal principle that safeguards individual liberty by preventing unlawful detentions. It is a Latin term that means "you shall have the body." The concept of Habeas Corpus dates back to medieval England and has since become a cornerstone of modern legal systems. The Habeas Corpus Case is a legal procedure through which individuals can challenge their detention. They can assert their right to be brought before a court to determine the lawfulness of their confinement.
This article explores the historical significance and cases related to Habeas Corpus. It sheds light on its crucial role in protecting human rights and ensuring due process.
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About Habeas Corpus Case
Habeas Corpus is a legal term that refers to the right of an individual to challenge their detention or imprisonment. It ensures that no person can be held in custody unlawfully or without just cause. The Habeas Corpus Case is a legal procedure that enables individuals to petition a court to review the lawfulness of their confinement. It requires the authorities to produce the detained person before the court and justify the reasons for their detention.
Background of Habeas Corpus Case
- Habeas Corpus is a Latin term that means "you shall have the body." It is a legal concept that dates back several centuries.
- The idea behind Habeas Corpus is to protect individuals from unlawful detention or imprisonment.
- It is considered one of the most fundamental principles of human rights. It is often seen as a safeguard against arbitrary government action.
When can Habeas Corpus be invoked or availed?
- Habeas Corpus can be invoked or availed when a person believes that they are being unlawfully detained or imprisoned.
- It can be used when there is a violation of an individual's fundamental rights, such as the right to personal liberty.
- Habeas Corpus can be filed before a court or a judge, requesting them to examine the legality of the detention and order the release of the person if it is found to be unlawful.
- It can be used as a recourse when other legal remedies have been exhausted or are not effective in securing the release of the person.
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Features of Habeas Corpus
- Habeas Corpus ensures that a person who is detained or imprisoned has the right to be brought before a court or a judge.
- It prevents authorities from holding someone in custody without sufficient legal justification.
- The purpose of Habeas Corpus is to examine the legality of a person's detention. It provides a remedy if the detention is found to be unlawful.
- It is a means for individuals to challenge the lawfulness of their arrest or detention and seek their release.
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Landmark Habeas Corpus Case in History
The debate or the challenge started with the imposition of Emergency but it’s imperative to understand the background for the Emergency of 1975. The Lok Sabha election of Late Prime Minister Indira Gandhi was challenged before the Allahabad High Court and Justice Sinha found Ms Gandhi guilty of involvement in fallacious practices and declared her election void. This judgment might have barred her from contesting further election for six years. So, she appealed in the Supreme Court but was given Conditional Stay by the apex court.
To reclaim the power she imposed Emergency on 26 June 1975 which invoked Ar 359(1) and Right to approach the Supreme Court to enforce Ar14, Ar 21 and Ar 22 were taken away. This was followed by people taken into custody, mostly government critics and political opponents. Atal Bihari Vajpayee, Jay Prakash Narayan and Morarji Desai were arrested under Maintenance of Internal Security Act (MISA). Now, some people approached High Courts regarding this and got favorable orders which laid the foundation for the famous Habeas Corpus case in India. The High Court judgements knocked the Government to approach the Supreme Court with a very basic question; Which stands tall during an emergency, State precedence or individual liberty ? This leads to the famous habeas corpus case i.e ADM Jabalpur v Shivkant Shukla.
State’s argument
State defending its stance on emergency and questioning the right of petitioner to approach courts made three major arguments.
- The very purpose of Emergency is to grant State very broad Executive power to support State in fulfilling its interest which should be given prime importance during such situations.
- Right to approach the court is curtailed under Article 359 (1) which does not mean that the land is without law and order.
- The Emergency provisions provided by the Constitution are drafted in order to provide precedence to Economic and Military interests over all other areas.
Defendant’s argument
Defendant’s arguments were mainly focused on questioning the status of personal liberty during imposition of national emergency. The arguments moved a step forward and brought in the Common laws, natural law and statutory law amid the question of fundamental rights. The major arguments were:
- Law Enforcement under article 226 to the High Court is not affected when it comes to Common law, Natural law and Statutory law. The Article is curtailed only for questioning the context of fundamental rights.
- The Constitution clearly provides the purview of the Executive and its power across the territory of India. So, granting broader Executive power to State during emergency where the Executive takes the role of the Legislature goes against the Basic Constitutional principle i.e. Separation of Powers.
- Article 21 provides for the fundamental right of Life and Liberty but it is not the only storehouse for Right to Life and Liberty.
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Supreme Court Judgment on the Case
The famous habeas corpus landmark case was heard by a 5 judge bench composed of Justices Khanna, Beg, Ray, Chandrachud and Bhagwati. The majority judgment was backed by four judges whereas Justice Khanna gave a powerful dissent. The apex court upheld the constitutional validity of MISA (Section 16A(9)) under which political leaders were arrested.
The Court said; Given the Presidential order dated 27 June 1975 no person has any locus standi to move any writ petition under Article 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention on the ground that the order is not under or in compliance with the Act or is illegal or is vitiated by mala-fides factual or legal or is based on extraneous consideration.
Justice Khanna provided a very powerful and logical dissent focusing more on individual liberty than state power during an emergency. The major arguments given by him were:
- Invoking Article 359(1) doesn’t restrict an individual’s right to approach judicial institutions for statutory rights implementation. He also added that Article 21 is not the only repository for Right to Life and Liberty.
- Substantive powers of Article 21 are fundamental and it loses its procedural power during the imposition of Emergency. So, the State can’t deprive an individual of life and liberty without the authority of law.
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Conclusion
The judgment was hugely criticized for favoring the State over individual liberty. Justice Khanna paid a price for his stance by being the exception to the convention of senior-most judges becoming the Chief Justice of India. After the Emergency ended, the Supreme Court changed its stance over this and provided Article 21, a permanent character also linking it with Article 14 and Article 19. In this case, the State displayed power lust which was aided by the judgment. Habeas Corpus Case 1976 Judgment was overturned by the highest court in Puttaswamy Case of 2017.
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FAQs
What does Habeas Corpus mean?
In Latin, it means ‘to have the body of’
Against whom habeas corpus can be issued?
It can be issued against Executive, Judiciary and Private individuals.
Does habeas corpus involve locus standi?
No, habeas corpus doesn’t involve locus standi.
Can a High Court issue habeas corpus writ ?
Yes, it can be issued under Article 226.
When is habeas corpus issued?
It is issued in cases of illegal detention.