A writ of Habeas Corpus is in the nature of an order calling upon the person who has detained another to produce the latter before the court in order to let the court know on what ground he has been confined and to set him free if there is no legal justification for the imprisonment.
The words ‘Habeas Corpus’ literally mean ‘You may have the body’. The writ may be addressed to any person whatever, an official or a private person who has another person in his custody and disobedience to the writ is met with punishment for contempt of court.
The different purposes for which the writ of Habeas Corpus is available are as follows: (a) for the enforcement of fundamental rights (b) It will also issue where the order of imprisonment or detention is ultra wires the state which authorises the imprisonment or detention.
The writ of habeas corpus is, however, not issued in the following cases : (i) where the person against whom the writ is issued or the person who is detained is not within the jurisdiction of the court (ii) To secure the release of a person who has been imprisoned by a court of law on a criminal charge (ii) To interfere with a proceeding for contempt by a court of record or by parliament.