Raj has been wrongfully detained in custody by Yogesh, a police officer. What remedy is available to Raj's family in such a case under Indian Constitution? Discuss.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
Raj has been wrongfully detained in custody by Yogesh, a police officer. What remedy is available to Raj's family in such a case under Indian Constitution? Discuss.

Answer & Explanation:

The writ of Habeas corpus - an effective bulwark of personal liberty - is a remedy available to a person who is confined without legal justification. The words 'Habeas Corpus' literally mean "to have the body". When a prima facie case for the issue of writ has been made then the Court issues a rule nisi upon the relevant authority to show-cause why the writ should not be issued. This is in national order to let the Court know on what grounds he has been confined and to set him free if there is no justification for his detention. This writ has to be obeyed by the detaining authority by producing the person before the Court. Under Articles 32 and 226 any person can move for this writ to the Supreme Court and High Court respectively. The applicant may be the prisoner or any person acting on his behalf to safeguard his liberty for the issuance of the writ of Habeas Corpus as no man can be punished or deprived of his personal liberty except for violation of law and in the ordinary legal manner. An appeal to the Supreme Court of India may lie against an order granting or rejecting the application (Articles 132, 134 or 136). The disobedience to this writ can be met with by punishment for contempt of Court under the Contempt of Courts Act. In the above case, Raj has been detained wrongfully in custody by Yogesh, who is a police officer. As Raj was detained wrongfully by Yogesh, the writ of habeas corpus can be filed in court by Raj's family on his behalf since his whereabouts are not known to them.

Topics: Constitutional Law

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