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Habeas Corpus

Prerogative Writs & Extraordinary Remedies

Definition

"To have the body." A prerogative constitutional writ directing the State or a private individual who is detaining a person to physically produce that person before the High Court or Supreme Court to determine whether the detention has lawful authority.

Example

In Sunil Batra v. Delhi Administration, the Supreme Court entertained a Habeas Corpus letter petition from an inmate to protect a fellow prisoner being physically tortured by jail wardens in Tihar Jail, expanding the writ to protect prisoners' bodily integrity.