Published on: October 7, 2023 at 16:12 IST
Court: Supreme Court of India
Citation: Shafin Jahan V. Asokan K.M. (2018)
Honourable Supreme Court of India has held that the law pertaining to Writ of Habeas Corpus as “a great constitutional privilege” or “the first security of civil liberty”. It is held that Writ of Habeas Corpus is above any other Writ as it is meant to provide an expeditious and effective remedy against illegal detention, for such detention affects the liberty and freedom of the person who is in confinement.
27. Thus, the pivotal purpose of the said writ is to see that no one is deprived of his/her liberty without sanction of law. It is the primary duty of the State to see that the said right is not sullied in any manner whatsoever and its sanctity is not affected by any kind of subterfuge. The role of the Court is to see that the detenue is produced before it, find out about his/her independent choice and see to it that the person is released from illegal restraint.
The issue will be a different one when the detention is not illegal. What is seminal is to remember that the song of liberty is sung with sincerity and the choice of an individual is appositely respected and conferred its esteemed status as the Constitution guarantees. It is so as the expression of choice is a fundamental right under Articles 19 and 21 of the Constitution, if the said choice does not transgress any valid legal framework. Once that aspect is clear, the enquiry and determination have to come to an end.
Drafted By Abhijit Mishra
