Habeas Corpus Lawyers in Chennai Madras High Court. What is Habeas Corpus? How can you get it? Chennai Law Forum offers the Best Legal Services for Writ of Habeas Corpus.
‘Habeas Corpus’ in a real sense signifies “to have a body of”. This writ is utilized to deliver an individual who has been unlawfully kept, arrested, taken into custody or detained. By righteousness of this writ, the Court coordinates the individual so confined to be brought before it to analyze the lawfulness of his detainment. Assuming the Court presumes that the confinement was unlawful, it guides the individual to be delivered right away. Conditions of unlawful detainment are:
The detention is not as per the procedure laid down. For instance, the individual was not produced before a Magistrate in the period within 24 hours of his arrest.
The person was taken into custody when he did not violate any law.
An arrest was done under a law that is unconstitutional.
This writ of Habeas Corpus ensures speedy judicial review of the specific unlawful detention of the prisoner and instant determination of his right to freedom. However, Habeas corpus will not be ordered where a person has been taken into custody under an order from a competent court and when Prima Facie the order does not appear to be wholly illegal or without jurisdiction.
This writ of Habeas Corpus can be filed by the detained Individual himself or his relatives or his friends on his behalf. It can be issued against both public authorities and Officials.
Contact the Best High Court Attorneys for Writ of Habeas Corpus in Chennai India.
