SC Clarifies Habeas Corpus Powers: Liberty Has No Technical Boundaries
- ByAdmin --
- 09 Apr 2025 --
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Can a person approach the High Court or Supreme Courtfor a habeas corpus petition even if the detention is claimed to be “legal” by authorities?
The Supreme Court’s answer: Yes, especially if liberty is being misused by the state.
The Case
A young woman was kept in a shelter home against her will, under the guise of "protective custody." Her partner filed a habeas corpus plea demanding her release.
The authorities argued it was “for her own good.”
What the Court Held
• Habeas corpus applies not only to illegal detention, but also to custody without free consent
• Consent is key, especially in cases involving adults in consensual relationships
• Fundamental Rights under Article 21 cannot be overruled by “protective excuses”
Why It’s a Big Win
• It secures individual autonomy in detention-like situations
• Empowers High Courts and SC to act swiftly and meaningfully
• Curtails misuse of state protection laws to detain women, especially in interfaith relationships
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