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TMI Blogwrit of habeas corpusX X X X Extracts X X X X X X X X Extracts X X X X ..... ther a person 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 detention or confinement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of custody of children. Even though, the scope may have expanded, there are certain limitations to this writ and the most basic of such limitation is that the Court, before issuing any writ of habeas corpus must come to the conclusion that the detenu is under detention without any authority of law. [THE HOME SECRETARY (PRISON) VERSUS H. NILOFER NISHA- 2020 (1) TMI 1208 - SUPREME COURT] - Manu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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