Who Can File Habeas Corpus?

Filing Habeas Corpus in High Court

Habeas Corpus translates to you may have the body of. When a person is being held against their will, you might submit this kind of writ petition.

• In other words, if the court determines that the individual is being held against their will, it may order their release.
• The person who is being detained without a warrant typically requests a writ of habeas corpus.
• To begin the writ process, one can submit and publish a petition for habeas corpus against any governmental body or a specific individual.
• However, if the person being held is a friend or relative, the court may occasionally permit them to file a habeas corpus petition on their behalf.

Characteristics of the Habeas Corpus Act

As a result, the writ petition has the following characteristics:

• It is possible to question the detained person’s justifications in court.
• The person in custody may be ordered by the court to appear in court.
• It may order the release of the person if it is found that their detention was improper.

Summary:

Who Can File Habeas Corpus?

A prisoner is the one who can file Habeas Corpus to the court or a judge, or even someone else may do so on their behalf. This kind of writ petition is filed when someone is being held against their will.

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