What is Writ Petition?
Before knowing about Habeas Corpus Writ Petition let us know a little about what is writ petition.
Writ Petitions are filed as suits in the High Court.
It means an order, or decree, of a court of law. By means of these warrants orders or decrees are issued asking the person to do something that the government officials failed to do.
Habeas Corpus Writ Petition is also a type of writ petition, to know about this first know how many types of writ petition there are.
There are five writ petition types in the Indian constitution :
Types of writ petitions.
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
Habeas Corpus Writ Petition :
Habeas Corpus Writ Petition is popularly known as H C P.
Purpose of Habeas Corpus Writ Petition :
Our law has provided many aspects to uphold the rights of the people of India. The most important of these are the judicial orders. These writ petitions (WRIT) are of five types. The most widely used of these is the writ of habeas corpus.
This writ petition can be filed in the High Court in a situation where a person has been illegally arrested and his whereabouts are unknown. This writ is used in times of danger to bring him out.
What is hcp in court?
The abbreviation for HABEAS CORPUS PETITION is called H.C.P.
What are the grounds for habeas corpus?
This writ petition can be filed in the court not only when the police arrest someone illegally, but also in the situation where someone has been abducted and asked to hand him over to the appropriate authorities.
For example:
Couples who have fallen in love and married are living without the knowledge of their parents.
Let’s assume that the parents search for them and find them and take the girl away. At that time, as a husband, he can file a petition to find his wife and hand her over to him.
How to File a Habeas Corpus Petition?
These petitions can be filed directly in the High Court or the Supreme Court. Cannot be filed in District Courts. A writ petition can be filed even in case of unlawful detention.
A judicial order is a great help in approaching the court and filing a writ petition to hand over the missing person to the appropriate authorities.
This petition can be filed in the court to speed up the investigation of the missing person by filing a complaint with the police asking them to find the missing person. This Habeas Corpus Petition law helps the police to act quickly and trace the person based on the court order.