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Habeas Corpus against Military Detention

Prerogative Writs & Extraordinary Remedies

Definition

A writ petition filed before a High Court or Supreme Court to review whether a court-martial arrest, military confinement, or detention of an armed forces personnel conforms to statutory military codes and fundamental fairness.

Example

In Charanjit Lal v. Union of India, the Supreme Court confirmed that writ jurisdiction under Article 32 extends to reviewing whether military authorities acted within the bounds of their parent statutory enactments when detaining personnel.