Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Writ of Habeas Corpus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Writs:Writ of Habeas Corpus – Whether maintainable – For premature release of person, in terms of a scheme for premature release by a Government orders/ Rules, who is undergoing sentence of imprisonment imposed by a Court of competent jurisdiction – Held: Writ of Habeas Corpus is a processual writ to secure liberty of the citizen from unlawful and unjustified detention by the State or by a private person – Such writ will not lie where detention is in accordance with the decision of a court of law or by an authority in accordance with law – In the present case, the detenus having been imprisoned for life, their detention cannot be said to be illegal – The court cannot exercise power to grant remission or parole which is descretion exercised by the authorities concerned – Rules framed by High court cannot confer jurisdiction which is not conferred by the Constitution – Rules cannot override the Constitution – It was not correct for the High Court to direct release of the petitioners under the Government order without first directing the competent authority to take decision in the matter – In respect of 2 detenus State/ Competent Authority is directed to consider their representation – Other detenus in the facts of their respective cases, are directed to be released forthwith, in exercise of power under Article 142 of the Constitution. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 83 |
Petitioner | The Home Secretary (prison) & Ors. |
Respondent | H. Nilofer Nisha |
SCR | [2020] 1 S.C.R. 456 |
Judgement Date | 2020-01-23 |
Case Number | 144 |
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