Here are some examples of situations in which a person can file a Habeas Corpus petition:
- When a person is arrested, arrest law states that a person should be produced before the Magistrate within 24 hours. The police are required to produce every arrested person before the Magistrate to ensure that there have been legal grounds for the arrest of the person. However, if the police fail to bring that person to the Magistrate then it could amount to illegal detention. In this case, the person arrested or family/friends of the arrested person can file a Habeas Corpus petition in the High Court or the Supreme Court.
- Under certain special detention laws such as Armed Forces (Special Powers) Act, 1958 a person can be detained up to 3 months without being produced before the Magistrate. The detention laws have longer periods of detention as they relate to crimes in sensitive areas. These detention laws have broad criminal provisions and thus, the possibility of abuse in these cases is higher. The Habeas Corpus writ is a recourse for people illegally detained under this law.
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