Essay On Habeas Corpus

2119 Words9 Pages
Origin of habeas corpus:
The writ of habeas corpus is an old writ which is very important in the English common law system. It contains the essence of democracy that no one is above the law even the king has to justify its subjects if he has illegally detain any person. This writ is in conformity with the fundamental rights of people and court will issue an order commanding that by which authority the person is illegally detained and they had to provide a justification in front of the court for the confinement. The word habeas corpus is originally a Latin word which means production of body and the court shall order the person who detain an innocent person to produce him the person detained in front of the court. It is important to note that
…show more content…
The writ of habeas corpus doesn’t have to go through the formal process of civil and criminal procedure as defined by the common law. An informal motion by the council of the imprisoned person is enough to invoke the common law courts and it can be filed in the court of Chancery of any of the following three courts i.e. kings bench, court of common pleas and court of Exchequer. The motion usually started with “Petition for a Writ of Habeas Corpus,” had to show on its face that there was probable cause to believe the petitioner was unlawfully imprisoned, and it had to be accompanied by an affidavit, under oath, supporting the allegations in the petition. If the petition doesn’t have any formalities completed then it will be dismissed straight away without hearing by the court. The court will order the custodian of the petitioner to bring the petitioner in front of the court and explain the reason of the imprisonment, then the court will decide that the imprisonment was lawful or not. If after receiving the notice by the court the custodian didn’t bring the petitioner then the court will order the arrest of the custodian in contempt of the court. The decision of the writ of habeas corpus is final the petitioner can file another writ of

More about Essay On Habeas Corpus

Open Document