Writ of Habeas Corpus

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....erson is detained by the State or is in private detention. As Justice Hidayatullah (as he then was) held; "The writ of habeas corpus issues not only for release from detention by the State but also for release from private detention" Mohd. Ikram v. State of U.P., AIR 1964 SC 1625. At the same time, the law is well established that a writ of habeas corpus will not lie and such a prayer should be....

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....the most powerful. "Halsbury's Laws of England, (4th Edn.) Vol. 11, para 1454 p. 769. It is a writ of such a sovereign and transcendent authority that no privilege of person or place can stand against it. V.G. Ramachandran's Law of Writs, revised by Justice C.K. Thakker & M.C. Thakker, Eastern Book Company, p.1036, 6th Edn. (2006) A writ of habeas corpus can only be issued when the detenti....