Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC
Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
Illegal Detention
‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention
“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
Delhi High Court directs Rs 50,000 as compensation to be drawn from salaries of errant policemen for illegal detention for half an hour
A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in future.
4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs
Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.
Kerala High Court dismisses habeas corpus by boyfriend after girl denies illegal detention by parents
The alleged detenue told the Court that though she was in love with the petitioner and willing to marry him, she did not want to go with him but would prefer to go with her mother.
Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father
The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.
Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers
Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.
Punjab and Haryana High Court dismisses ‘Infructuous’ Habeas Corpus plea for releasing Amritpal Singh
Punjab and Haryana High Court had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.
Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case
The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.
Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national
The Delhi High Court directs the Air India Officials to arrange for a flight to Ahmedabad for the Portuguese national of Indian origin who was illegally restrained and detained at the Delhi Airport by the Air India Officials.
Supreme Court stays Kerala HC order directing a woman in same-sex relationship to undergo counselling
The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.
Madras High Court grants 3.5 lakh Compensation to Prisoner who spent 9 months in Jail after Acquittal Orders
Madras High Court said that when the court issues a specific direction, it’s the prison official's duty to verify it and clarify if they have doubts. Thus, held that the detention was illegal.
Providing illegible copies attacks detenu’s fundamental right to make representation; renders detention order illegal: Supreme Court
Supreme Court: In a case where a detenu was provided with the illegible copy of documents relating to his detention, the bench
Madras High Court| Detention to be rendered illegal caused by inordinate delay in processing remarks
Madras High Court: A writ petition filed under Article 226 of the Constitution of India to issue a writ of habeus corpus
Madhya Pradesh High Court directs State to pay 3 lacs as compensation for illegal detention; Registrar to conduct an inquiry
Madhya Pradesh High Court: Sushrut Arvind Dharmadhikari, J. allowed a petition which was filed seeking direction to the respondents to pay him
Orissa HC decides on maintainability of writ of habeas corpus vis-à-vis custody of minor child
Orissa High Court: A Division Bench of SK Sahoo and M S Raman, JJ. disposed of the petition leaving the petitioner with
Detenue is ambivalent in her stand between her desire to be with her husband and fear of being ill-treated by the parents of her husband; Ker HC did not issue Habeas Corpus
Kerala High Court: A Division Bench of K Vinod Chandra and C Vijayachandran, JJ. dismissed the petition and rejected the relief sought
Chh HC | Writ of habeas corpus is a writ of right, it is not a writ of course; a prima facie case of unlawful detention must be made
Chhattisgarh High Court: A Division Bench of Arup Kumar Goswami CJ and N K Chandravanshi J. dismissed the petition and declined to
WGAD, OHCHR deliberates over the matter of Marie-Emmanuelle Verhoeven’s illegal detention in Tihar Jail, New Delhi; seeks clarifications from India on the allegations of arbitrariness in her detention and her claim for compensation for her arbitrary detention
OHCHR (WGAD): While addressing the issue of alleged arbitrary detention of Ms. Marie-Emmanuelle Verhoeven in Tihar Jail, New Delhi, from the period