The writ of habeas corpus was first issued in England in 1215 by King John. It allowed prisoners to challenge their detention before a judge. Habeas Corpus is an ancient legal term that has been used throughout history to protect citizens from unlawful imprisonment.
In modern times, it is still used today as a means of protecting individuals who have been wrongfully imprisoned.
Today, the writ of habeas is used to ensure that people are not being held against their will without due process. This includes ensuring that people are not detained illegally. Also that they are not being punished without cause, and that they are not being denied access to courts.
What Is Habeas Corpus?
Habeas corpus is a Latin phrase meaning “you must produce the body.” In modern times, it refers to a court order requiring a government official to bring a prisoner before the court so that the prisoner can explain why he or she should not be imprisoned.
When Can You File A Writ Of Habeas Corpus through your Lawyer? (And Why?)
If you believe that you are being unlawfully detained by law enforcement officials/police, you or someone on your behalf can file a writ of habeas corpus with the High Court where you live or the Supreme Court of India through your Lawyer. This means that you will need to hire a Lawyer who specializes in civil rights cases and Writ Petitions.
Who Can Be Held Without Trial?
Under the Indian Constitution, every arrested person must be presented before the Court of Metropolitan Magistrate of that area within 24 hours of arrest. Police can not detain/arrest you for more than 24 hours without presenting you before a Magistrate.
What Happens After The Court Grants A Writ Of Habeas Corpus?
Once a court grants a writ of habeas corpus, the prisoner must be released from custody unless the government can prove beyond a reasonable doubt that the individual was guilty of the alleged crime. If the government fails to meet its burden of proof, then the individual will be set free.
How to find the Best Lawyer for filing Writ of Habeas Corpus for you?
If you are looking for the Best Lawyer in India for filling Writ of Habeas Corpus, important factor to consider is the lawyer’s experience while dealing with Writ Petition Cases. Some of the best lawyer(s) may have worked on more complex cases than others, which could lead to better results. Additionally, review their online reviews to see if anyone has had negative experiences with them. The Best Lawyer(s) in India will be well versed with Writ Petition cases and would be aware about the Procedure and where to file. You can also contact Century Law Firm now.
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