{"id":224524,"date":"2020-01-24T13:33:09","date_gmt":"2020-01-24T08:03:09","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=224524"},"modified":"2020-01-31T11:12:38","modified_gmt":"2020-01-31T05:42:38","slug":"scprisoners-under-lawful-detention-cant-use-habeas-corpus-writ-to-seek-pre-mature-release","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/01\/24\/scprisoners-under-lawful-detention-cant-use-habeas-corpus-writ-to-seek-pre-mature-release\/","title":{"rendered":"SC|Prisoners under lawful detention can\u2019t use Habeas corpus writ to seek pre-mature release"},"content":{"rendered":"

Supreme Court<\/strong>:<\/span> In a case where pre-mature release of convicts was sought in terms of a Scheme framed by the Government of Tamil Nadu, the bench of SA Nazeer and Deepak Gupta, JJ observed that a writ of\u00a0 habeas corpus\u00a0 will not lie and such a prayer should be rejected by the Court where detention or imprisonment of the person whose release is sought is in accordance with the decision rendered by a court of law or by an authority in accordance with law.<\/p>\n

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\u201cThe scope of the petition of habeas corpus has over a period of time been expanded and this writ is commonly used when a spouse claims that his\/her spouse has been illegally detained by the parents.\u00a0 This writ is many times used even in cases of custody of children.\u00a0 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.\u201d<\/p>\n<\/blockquote>\n

Issue<\/strong><\/span><\/p>\n

Whether a writ of habeas corpus would lie, for securing release of a person who is undergoing a sentence of imprisonment imposed by court of competent jurisdiction praying that he be released in terms of some Government orders\/Rules providing for pre\u00admature release of prisoners?<\/p>\n

Background<\/strong><\/span><\/p>\n