This article was written by SASANK.MITTA is a student of Indira Priyadarsini law college
INTRODUCTION:-
The constitution of India has given fundamental rights in the third part of the constitution and those rights valid to every citizen of India are:-
The right to equality is given in articles 14-18
The right to freedom is given in articles 19-22
The right to against exploitation is given in articles 23-24
The right to freedom of religion is given in articles 25-28
The right to culture and education is given in articles 29-30
The right to constitutional remedies is given in article 32
RIGHT TO CONSTITUTIONAL REMEDIES:_
Article 32 of the Indian constitution is the most important fundamental right because this fundamental right protects the other fundamental rights, By through this article we can direct file a writ petition in the supreme court if anyone violates our fundamental rights given by the Indian constitution, five types of writs has been given in our constitution.
The types of writs given in our Indian constitution are:-
-
- Habeas corpus
-
- Mandamus
-
- Prohibition
-
- Certiorari
-
- Quo-warranto
HABEAS CORPUS:-
Habeas Corpus is a Latin word it means ” To Produce the body ” Habeas corpus is one of the most important writs among the other writs this writ helps the person who was detained by the police or any other person without any cause or any reason
That means if any person was missing or if any person was abducted without any reason by the policeman or any other person then we have two options we can approach the human rights commission and another one is we can file a habeas Corpus writ petition in the supreme court under the article 32 of the Indian constitution and we can file a same writ petition in the High court through the article 226 of the Indian constitution and that is the reason why the arrested person should be must appear in the court in the period of 24 hours if they failed to appear that person, the court has right to give the notice to the policeman to get the person and appear in the court And this writ can be filed by any person without respect to the blood relation writ can be filed by the third party too If the person was detained without any grounds of arrest.
RUDUL SHAH vs STATE OF BIHAR (1983)
In this case, rudul Shah is a person who was already completed his detention period for murdering his wife but he was still kept for 14 years after his period of punishment then the writ of habeas Corpus has been filed under article 32 of the Indian constitution, he was immediately released
GROUNDS FOR ARRESTING A PERSON
DK Basu Vs. State of West Bengal, 1996.
DK Basu, executive chairman of legal aid services, West Bengal, a non-political organization, on 26.08.1986 addressed a letter to the CJI on the news which was published in Telegraph about the deaths in police lockup and police custody. It was interpreted as a writ, and all state chief secretaries received notifications. In the interim, Mahesh Bihari of Aligarh passed away while in police custody, and Ashok K. Johri addressed a letter about it to CJI. They were clubbed together. The doctor was chosen to serve as an amicus curiae. According to the SC, physical abuse in detention undermines the rule of law. Despite the existence of several constitutional and legislative restrictions, there had been numerous incidents of abuse and fatalities while in the custody of the police. One of the worst crimes is considered to be death in custody. and the supreme court has mentioned the grounds for arresting a person.
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening