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Habeas corpus, first security of civil liberty: High Court
In verdict of recent origin a three judge bench of the High Court at Hyderabad comprising acting Chief Justice Dilip Bhosale, Justice SV Bhatt and Justice A Shanker Narayan reiterated that under our polity that the writ of habeas corpus is a great constitutional privilege of the citizen and the ‘first security of civil liberty’.
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Hyderabad: In verdict of recent origin a three judge bench of the High Court at Hyderabad comprising acting Chief Justice Dilip Bhosale, Justice SV Bhatt and Justice A Shanker Narayan reiterated that under our polity that the writ of habeas corpus is a great constitutional privilege of the citizen and the ‘first security of civil liberty’.
The bench answered in the affirmative the question as to whether a writ of habeas corpus lies when a person is detained under preventive detention or whether he must seek the regular remedy of a writ of mandamus by having his case heard by a single judge.
The bench speaking through the Acting Chief Justice said that the writ of habeas corpus ‘provides a prompt and effective remedy against illegal detention under the Act or any other enactment authorising preventive detention’.
It further clarified that where a person is not in detention he may seek other reliefs including one to restrain the authorities from arresting him but once arrested he can move for a habeas corpus.
