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Friday, 22 February 2019
Habeas-Corpus Essay
Habeas-corpus is a Latin term which literally means you may have the body. Under the law of England, as a conduce of long usage, the term came to signify a prerogative judicial writ a remedy with which a person unlawfully detained sought to be specialize at liberty. It is mentioned as early as the fourteenth century in England and was formalised in the Habeas-corpus Act of 1679. The privilege of the use of this writ was regarded as a foundation of human freedom and the British citizen insisted upon this privilege wheresoever he went whether for business or colonisation.This is how it found a situate in the Constitution of the United States when the British colonies in America won their emancipation and established a new State down the stairs that Constitution. In India, under the Constitution, the power to issue a writ of habeas-corpus is vested only in the lordly Court and the High Courts. The writ is a direction of the Court to a person who is detaining another, commanding h im to bring the body of the person in his duress at a specified time to a specified place for a specified purpose.A writ of habeas-corpus has only one purpose To vex at liberty a person who is confined without legal confession to secure release from confinement of a person unlawfully detained. The writ does not punish the wrongdoer. If the detention is proved unlawful, the person who secures liberty through with(predicate) the writ may proceed against the wrongdoer in any enchant manner. The writ is issued not only against authorities of the State but alike to private individuals or organizations if necessary.
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