USA HISTORY

Detailed explanation-1: -’Habeas corpus’ literally means “have the body". By this writ, the court can direct to have the body of the person detained to be brought before it in order to ascertain whether the detention is legal or illegal. Such is the predominant position of the writ in the Anglo-Saxon Jurisprudence."

Detailed explanation-2: -habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.

Detailed explanation-3: -Habeas Corpus is a Latin word meaning which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.

Detailed explanation-4: -In the case of the Additional district Magistrate of Jabalpur v. Shiv Kant Shukla2, popularly known as the Habeas Corpus case, which came up for hearing in front of the Supreme Court in December 1975. Given the important nature of the case, a bench comprising the five seniormost judges was convened to hear the case.

Detailed explanation-5: -Writ of habeas corpus is also known as a writ of liberty . A writ of habeas corpus is issued for release of a person who has been detained unlawfully by the State or by any private individual. A writ of habeas corpus is not issued if the person concerned is not in unlawful detention.