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of <h1>Writ of Habeas Corpus: Body Production Not Essential for Hearing. Court Focuses on Detention Legality</h1> <h3>Kanu Sanyal Versus District Magistrate, Darjeeijng & Ors.</h3> Kanu Sanyal Versus District Magistrate, Darjeeijng & Ors. - 1973 AIR 2684 1974 SCR (1) 621 1973 SCC (2) 674 Issues Involved:1. Whether the production of the body of the person alleged to be unlawfully detained is essential before an application for a writ of habeas corpus can be finally heard and disposed of by the Court.Detailed Analysis:1. Production of the Body in Habeas Corpus Petitions:The core issue in this petition under Article 32 of the Constitution is whether the production of the body of the person alleged to be unlawfully detained is essential before an application for a writ of habeas corpus can be finally heard and disposed of by the Court. The petitioner, detained as an undertrial prisoner, argued that the non-production of his body violates his rights under Article 32. The petitioner contended that production of the body is an essential feature of the writ of habeas corpus, relying heavily on Order XXXV, Rule 4 of the Supreme Court Rules, 1966, which mandates the production of the body along with the return when a rule nisi is issued.However, the Court found this submission to be unfounded. The Court traced the historical development of the writ of habeas corpus, noting that it is essentially a procedural writ aimed at securing the release of a person illegally restrained of his liberty. The Court emphasized that the primary purpose of the writ is to determine the legality of the detention and to secure the release of the person detained if the detention is found to be unlawful. The production of the body is ancillary to this main purpose and is not a basic or essential feature of the writ.The Court observed that in England, the practice has evolved to issue a rule nisi in the first instance, and if the detention is found to be unlawful, an order of release is made without requiring the production of the body. This practice is also followed in the United States. The Court reasoned that the Constitution makers, when framing Article 32, intended to provide a remedy similar to that in England and the United States, where the production of the body is not essential.The Court concluded that there is no reason to adhere to the old form of procedure requiring the production of the body when it is no longer necessary to achieve the primary purpose of the writ. The Court held that the Supreme Court can examine the legality of the detention on the hearing of the rule nisi without requiring the person detained to be brought before the Court. If the detention is found unlawful, the Court can order the person to be released forthwith.The Court also noted that Order XLVII, Rule 1 of the Supreme Court Rules empowers the Court to dispense with the requirement of producing the body for sufficient cause shown. This aligns with the practice in England and the United States, where the production of the body is not deemed essential.In conclusion, the Court determined that the production of the body of the person detained is not essential to the jurisdiction of the Supreme Court to deal with an application for a writ of habeas corpus. The petition will now go back to the appropriate Bench for disposal according to law.
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