Illegal Custody and Habeas Corpus

  • Illegal custody & harassment by police

Every person must be able to secure his liberty through remedies made available by law. Habeas corpus is a writ which is issued to a person or authority to bring the body (corpus) of a person before the court. The very basis of the writ is that the person who is detaining another does not have right to do so and the detention therefore is unlawful and illegal.

In India, police have extreme powers to detain a person and where these powers can be misused by the police, habeas corpus is an effective remedy provided by Constitution of India to protect personal liberty of person. Apart from that, India is known for human rights violations by police authorities and honour killings by casteist people. NRI and foreign nationals are also kidnapped to get their properties transferred by coercion and undue influence. In such cases also, High Courts give relief to persons who have been illegally detained by violation of their basic human rights by police authorities or private individuals.

In a writ of habeas corpus, and illegal order of detention can also be challenged on the grounds that on the grounds of malafides, violation of article 14 and several other provisions of law which can be categorized under doctrine of ultra vires.

We also have expertise in cases relating to illegal parental child abduction. In such cases also, writ of habeas corpus is used to get custody of minor child who has been abducted from a foreign country and brought back to India by one spouse without permission of other spouse.

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