52 Habeas Corpus Pleas Pending Before Supreme Court: Centre Informs Lok Sabha
3 years ago

52 Habeas Corpus Pleas Pending Before Supreme Court: Centre Informs Lok Sabha

Live Law  

Union Minister Kiren Rijiju informed the Lok Sabha on Friday that as of 13.12.2021 there were 52 habeas corpus cases pending before the Supreme Court. The written reply also lists the number of pending cases before the High Courts in the country.The reply notes that as of 30.11.2021 there are a total of 396 Habeas Corpus petitions pending before the Punjab and Haryana High Court. The reply notes that as of 30.11.2021 there are a total of 396 Habeas Corpus petitions pending before the Punjab and Haryana High Court. In the MP High Court, there are 97 Habeas Corpus Petitions pending as of 01.12.2021, the reason for the high pendency being "heavy institutions of cases and vacant posts of Hon'ble judges".

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History of this topic

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months, 3 weeks ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
4 months ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
10 months, 2 weeks ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Kerala High Court Dismisses Habeas Corpus Plea
1 year ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 3 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

Over 4 Crore Cases Pending In Trial Courts; More Than 60 Lakh Backlogs In High Courts : Law Ministry
1 year, 5 months ago

Over 4 Crore Cases Pending In Trial Courts; More Than 60 Lakh Backlogs In High Courts : Law Ministry

Live Law  

In response to questions raised by various Members of Parliament in Lok Sabha, the Union Law Ministry has replied that there are over 4,43,92,136 pending cases in various District and Subordinate Courts across the country, as on July 24. In these pending cases around 1 Lakh cases are more than 30 years old.The highest number of pendency is in Uttar …

Parliament Monsoon Session: Over 71,000 cases pending in high courts for more than 30 years, says Law Minister
1 year, 5 months ago

Parliament Monsoon Session: Over 71,000 cases pending in high courts for more than 30 years, says Law Minister

India TV News  

Lok Sabha: More than 71,000 cases are pending in various high courts across the country for over 30 years, Law Minister Arjun Ram Meghwal told Lok Sabha on Friday. In a written reply to a question, Law Minister Arjun Ram Meghwal said that as on July 24 this year, 71,204 cases were pending in high courts for over 30 years. …

Pendency of 50-year-old cases high in HCs; Calcutta leads with 1,192: Law minister
1 year, 11 months ago

Pendency of 50-year-old cases high in HCs; Calcutta leads with 1,192: Law minister

Hindustan Times  

Pending cases dating, some more than 50 years old, exist more in high courts than the district courts, Union law minister Kiren Rijiju told the Parliament on Thursday, indicating that the Centre has no role to play in bringing down the pendency of cases as the solution to that lies within the domain of the judiciary. Replying to a question …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 2 months ago

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

Live Law  

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation …

Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court
2 years, 3 months ago

Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court

Live Law  

Disposing of a habeas corpus petition, the Jaipur Bench of the Rajasthan High Court recently said that in absence of an allegation of 'illegal detention' in cases where a 'Missing Person Report' has already been filed, the proper course available would be to approach the concerned magistrate. The petitioner had filed a habeas corpus petition before the Rajasthan High Court …

Over 4 Crore Cases Pending Before District Courts Across Country, About 59 Lakh In High Courts, 70K In Supreme Court: Law Ministry
2 years, 9 months ago

Over 4 Crore Cases Pending Before District Courts Across Country, About 59 Lakh In High Courts, 70K In Supreme Court: Law Ministry

Live Law  

The Ministry of Law and Justice informed Lok Sabha that disposal of pending cases in courts is within the domain of the judiciary and Government has no role in disposal. Law Minister Kiren Rijiju stated that timely disposal of cases in courts depends on several factors which, inter-alia, include availability of adequate number of judges and judicial officers, supporting court …

Bombay HC seeks data of pending cases against MPs and MLAs in Maharashtra
2 years, 10 months ago

Bombay HC seeks data of pending cases against MPs and MLAs in Maharashtra

India Today  

The Bombay High Court on Saturday directed its Registry to submit details of cases where the trial court criminal proceedings against MPs and MLAs in the state have been stayed by orders of the High Court at its various benches in Maharashtra and Goa. The bench called for a list of all pending criminal cases involving sitting or former legislators, …

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost
2 years, 11 months ago

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost

Live Law  

Observing that "Litigants and members of the Bar appear to have not understood the importance and seriousness of this extraordinary writ of Habeas Corpus," the Karnataka High Court recently dismissed a petition filed by a father seeking directions to produce his 2 year old girl before the court, who is in safe custody of her mother. Wife opposed the plea: …

Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court
2 years, 11 months ago

Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act, 2015 cannot be examined in a writ of habeas corpus. "It is trite to state that validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act, 2015 cannot be examined in a writ …

High Courts Weekly Roundup [October 4, 2021 To October 10, 2021]
3 years, 3 months ago

High Courts Weekly Roundup [October 4, 2021 To October 10, 2021]

Live Law  

Allahabad High Court 1. Delhi High Court Issues Notice On Review Plea Against Dismissal Of Plea Seeking Declaration Of Talaq-ul-Sunnat As Unconstitutional The High Court issued notice on a review petition challenging an order dismissing a plea seeking to declare the "assumed absolute discretion" of the Muslim husband to give divorce to his wife at any time without any reason …

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea
3 years, 3 months ago

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea

Live Law  

State of Uttar Pradesh has approached Supreme Court seeking stay against Allahabad High Court's order in which the High Court had sought details from Additional Chief Secretary, Medical Health and Family Welfare of the SOP/Plan prepared by the State Government for all levels of Hospitals, i.e, District Hospitals, Community Health Centres and Primary Health Centres and status about the implementation …

"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital
3 years, 3 months ago

"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital

Live Law  

Dealing with the Habeas Corpus plea seeking the tracing of an 82-year-old COVID Patient who went missing from TB Sapru Hospital in Prayagraj, the Allahabad High Court on Wednesday directed for the further tracing of the corpus and observed that its primary concern in the instant plea was tracing of the corpus. Court's proceedings on September 13 Dealing with the …

Law, Liberty And The Lack Of Urgency In Dealing With Habeas Corpus Petitions By The Jammu & Kashmir High Court
3 years, 10 months ago

Law, Liberty And The Lack Of Urgency In Dealing With Habeas Corpus Petitions By The Jammu & Kashmir High Court

Live Law  

Liberty is not a privilege, but a fundamental right guaranteed to all citizens under our Constitution. I have reviewed the functioning of the Jammu & Kashmir High Court vis-à-vis its adjudication of Habeas Corpus petitions filed before it in 2019. The Jammu & Kashmir High Court's adjudication of Habeas Corpus petitions The Constitution along with all its safeguards became applicable …

23 Years Delay In Listing A Habeas Corpus Petition: Calcutta High Court Moots Proceedings For Misconduct Against Errant Officers
4 years, 1 month ago

23 Years Delay In Listing A Habeas Corpus Petition: Calcutta High Court Moots Proceedings For Misconduct Against Errant Officers

Live Law  

The Calcutta High Court on Friday expressed strong displeasure over its Registry for failure to list a habeas corpus petition filed in the year 1997, for as many as 23 years, despite explicit directions to list the matter after three months. When matters are not listed by the office of the High Court in spite of judicial orders, it may, …

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus
4 years, 1 month ago

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus

The Hindu  

I F Justice Dhananjai Chandrachud imagined that the ornate, florid prose in his judgment in Arnab Goswami’s case would win him plaudits, the flurry of editorials criticising it must have disillusioned him, especially the criticism that followed another case which came soon after, exposing double standards. Yogi has bought whole pages of expensive The very next day, on October 6, …

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis
4 years, 1 month ago

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis

Live Law  

Observations by a bench of the Supreme Court headed by the Chief Justice of India while hearing a habeas corpus writ petition under Article 32 of the Constitution that the court is trying to discourage Article 32 Petitions - has understandably received coverage critical of the judicial attitude of the court. The court's observations ostensibly come from passage in Union …

Supreme Court Liberal in Dealing with Personal Liberty Matters, Says Retired Justice Madan Lokur
4 years, 1 month ago

Supreme Court Liberal in Dealing with Personal Liberty Matters, Says Retired Justice Madan Lokur

News 18  

New Delhi: The Supreme Court has been liberal while adjudicating matters related to personal liberty and that is the way it should be, Justice Madan B Lokur said on Friday. Speaking at a webinar titled Defending Liberties', hosted by the Delhi High Court Women Lawyers Forum and Women in Criminal Law Association, he also supported the idea of day-to-day trials …

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras
4 years, 1 month ago

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras

Live Law  

The Allahabad High Court on Wednesday issued notices on a Habeas Corpus petition filed by 3 alleged PFI Members, arrested by the Deputy Superintendent of Police while they were going to Hathras to meet family of the deceased gang-rape victim and later remanded to judicial custody by CJM Mathura. The Plea also contends, "The Chief Judicial Magistrate, Mathura, vide its …

"We Are Trying To Discourage Article 32 Petitions": Supreme Court Issues Notice To UP Govt.On Plea For Release Of Journalist Siddique Kappan
4 years, 1 month ago

"We Are Trying To Discourage Article 32 Petitions": Supreme Court Issues Notice To UP Govt.On Plea For Release Of Journalist Siddique Kappan

Live Law  

"We are trying to discourage Article 32 petitions", said Chief Justice of India SA Bobde while adjourning to Friday, 20th of November, the habeas corpus plea filed for release of Kerala journalist, Sidhique Kappan, who was arrested by the UP Police while he was proceeding to cover the Hathras case of alleged rape & murder of a 19-year-old Dalit woman.A …

Over 51 Lakh Cases Pending in Indian High Courts; 3.5 Crore In District & Subordinate Courts [Read Statement]
4 years, 3 months ago

Over 51 Lakh Cases Pending in Indian High Courts; 3.5 Crore In District & Subordinate Courts [Read Statement]

Live Law  

As per the data released by the Union Ministry of Law and Justice, over 51 lakh cases are pending in various High Courts across the country and almost 3.5 crore cases are pending in lower Courts of the country. With over 7 lakh unresolved litigations, the Allahabad High Court tops the list of High Courts Backlogs, followed by the Punjab …

Allahabad HC Adjourns Dr. Kafeel Khan's Habeas Corpus Plea to August 24 For Final Hearing And Disposal [Read Order]
4 years, 4 months ago

Allahabad HC Adjourns Dr. Kafeel Khan's Habeas Corpus Plea to August 24 For Final Hearing And Disposal [Read Order]

Live Law  

The Allahabad High Court has fixed the Habeas Corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, for final disposal on August 24, 2020. The order has come after the Supreme Court last week directed High Court to expeditiously dispose of Khan's habeas corpus plea, who has been in detention at Mathura Jail since 29th January, 2020. SC …

Manish Tewari | A year after J&K ambush, many thorny questions remain
4 years, 5 months ago

Manish Tewari | A year after J&K ambush, many thorny questions remain

Deccan Chronicle  

High on the hubris of a second electoral victory, the NDA/BJP government carried out a legislative coup d’état on the state of Jammu & Kashmir. The letter states that out of 600 odd habeas corpus petitions filed in the J&K high court since August 2019, “99 per cent of the habeas corpus petitions have remained pending”. Articles 230 and 231 …

In Democracy, If Atrocity Committed By Police Against An Advocate, What Would Be Fate Of General Citizen: Asks AP HC [Read Order]
4 years, 5 months ago

In Democracy, If Atrocity Committed By Police Against An Advocate, What Would Be Fate Of General Citizen: Asks AP HC [Read Order]

Live Law  

"In a democratic state, if such an atrocity is committed by a government functionary against an advocate, who is an officer of the court, it is difficult to perceive the fate of the general citizen", observed the Andhra Pradesh High Court on Monday. The bench of Justices Rakesh Kumar and K Suresh Reddy was hearing a habeas corpus plea against …

99% Of Habeas Pleas Filed Before Jammu and Kashmir HC Since Abrogation Of Article 370 Are Still Pending: J&K HC Bar Association Writes To CJI [Read Letter]
4 years, 6 months ago

99% Of Habeas Pleas Filed Before Jammu and Kashmir HC Since Abrogation Of Article 370 Are Still Pending: J&K HC Bar Association Writes To CJI [Read Letter]

Live Law  

The Jammu and Kashmir High Court Bar Association, Srinagar has written to the Chief Justice India, highlighting various problems that are being faced by its members ever since abrogation of Article 370 of the Constitution, last year. after the Abrogation of Article 370, more than 600 habeas corpus petitions have been filed before the High Court of UT of J&K …

Madras Advocates Association Move HC Against Stagnation Of Bail Pleas At District Level; HC Seeks Report From All District Judges [Read Order]
4 years, 9 months ago

Madras Advocates Association Move HC Against Stagnation Of Bail Pleas At District Level; HC Seeks Report From All District Judges [Read Order]

Live Law  

The Madras High Court on Wednesday directed the Registrar General of the High Court to seek instructions from all the District Judges within its jurisdiction, with regards the number of Anticipatory Bail and Regular Bail applications filed before them since March 21, and their status thereof. The direction was made by a division bench of Justice N. Kirubakaran and Justice …

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]
4 years, 11 months ago

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a writ of habeas corpus cannot be invoked for granting plea seeking premature release of a convicted prisoner. The Court was considering appeals against the Madras High Court orders which had allowed Habeas Corpus writ petitions filed by prisoners convicted and sentenced for life imprisonment in murder cases. The Court noted the settled propositions …

Habeas Corpus Not Maintainable When Detention Is Under The Witness Protection Scheme, 2018: MP HC [Read Judgment]
5 years ago

Habeas Corpus Not Maintainable When Detention Is Under The Witness Protection Scheme, 2018: MP HC [Read Judgment]

Live Law  

The Indore bench of the Madhya Pradesh High Court has held that a petition in the nature of habeas corpus is not maintainable in cases where the detention is made for protection of witnesses, as envisaged under the Witness Protection Scheme, 2018. Witness Protection Scheme, 2018 provides for protection of witnesses based on the threat assessment and protection measures inter …

Supreme Court asks J&K administration to respond to 'each and every question' raised on restrictions imposed in Kashmir post-abrogation of Article 370
5 years, 1 month ago

Supreme Court asks J&K administration to respond to 'each and every question' raised on restrictions imposed in Kashmir post-abrogation of Article 370

Firstpost  

The Supreme Court on Thursday told the Jammu and Kashmir administration that it will have to respond to each and every question raised on the restrictions imposed in the erstwhile state after the abrogation of Article 370 New Delhi: The Supreme Court on Thursday told the Jammu and Kashmir administration that it will have to respond to each and every …

SC To Examine Maintainability Of Habeas Corpus Petitions Seeking Premature Release Of Convicted Prisoners [Read Order]
5 years, 2 months ago

SC To Examine Maintainability Of Habeas Corpus Petitions Seeking Premature Release Of Convicted Prisoners [Read Order]

Live Law  

The Supreme Court is set to examine whether a Habeas Corpus writ petition will be maintainable seeking premature release of a convicted prisoner in terms of some Government orders / Rule.Another issue that will be considered in this case, titled as Home Secretary vs. H. Nilofer Nisha, is whether the state, on its own, provide for release of prisoners who …

Habeas Corpus Hearings : Then & Now
5 years, 4 months ago

Habeas Corpus Hearings : Then & Now

Live Law  

The great constitutional theorist A.V. Dicey said about the Habeas corpus writs that while they "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty" The Supreme Court of India in 1966 said "This writ has been described by John Marshall, C.J., as "a great constitutional privilege". First, there …

Delhi High Court has territorial jurisdiction to hear my habeas corpus plea: Shah Faesal
5 years, 4 months ago

Delhi High Court has territorial jurisdiction to hear my habeas corpus plea: Shah Faesal

The Hindu  

Bureaucrat-turned-politician Shah Faesal on Tuesday contended that the Delhi High Court has the territorial jurisdiction to hear his habeas corpus plea as he was detained at the IGI Airport and was forcibly taken to Srinagar. Mr. Faesal also told the court that the Lookout Circular issued against him was prima facie a mala fide exercise of power and no reasonable …

Judicial Abdication In Kashmir Habeas Petitions
5 years, 4 months ago

Judicial Abdication In Kashmir Habeas Petitions

Live Law  

The habeas corpus writ is known as the 'great writ of liberty', as it seeks the immediate protection of personal liberty from the excesses of State power.But the orders passed by the Supreme Court on August 27 in two habeas corpus petitions concerning detentions in Kashmir do not reflect the spirit of this glorious writ. But the orders passed by …

India’s next generation reforms must begin in courts
5 years, 6 months ago

India’s next generation reforms must begin in courts

Live Mint  

Last week, eighteen months after the crime, a special court in Pathankot delivered its verdict on the Kathua case. Across India’s subordinate courts --- the first port-of-call for most cases --- more than a third of the 31 million cases have been pending for more than three years. In the High Courts, the pendency is even higher: half of all …

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