In a recent case, the Delhi High Court has agreed to consider a habeas corpus petition filed on behalf of a person who has been kept in judicial custody despite the issuance of release warrants in his favor. The petitioner, who has been in custody since 2014, had obtained bail in most cases for non-bailable offenses. In July 2023, release warrants were issued in his respect by the CMM Saket Court as well as by the JMIC Gurugram.
The petitioner’s lawyer argued that his continued detention was illegal and that he was entitled to be released immediately. The High Court expressed dismay over the petitioner’s continued detention and noted that it appeared to be a result of administrative lapses. The Court directed that the petitioner be released forthwith, subject to verification of the petitioner’s lawyer’s contention.
This case highlights the importance of the habeas corpus petition as a means of challenging unlawful detention. The right to habeas corpus is a fundamental right guaranteed by the Constitution of India. It ensures that no person can be deprived of their liberty without due process of law.
The Delhi High Court’s decision in this case is a welcome development. It is important to ensure that the rights of all citizens are protected, even if they are accused of crimes. The High Court’s intervention has helped to prevent a miscarriage of justice and has upheld the rule of law.
