Challenge The Order Of District Court
19-Apr-2023 (In Criminal Law)
whether we can challenge the district court order of detention under habeas corpus? If yes then what is the reason and no then what is the reason??
You can file an appeal in the Sessions Court or High Court for challenging someone's Detention Order. However, If you would file a Writ of Habeus Corpus in High Court, i.e, to produce the Body (person) before the Court, then such a Writ won't be entertained by the High Court, simply because, Court issues Writ (a Written Command or Order) on the filing of Habeus Corpus Petition on certain conditions only, like, if the Detention of the person had been done illegally or despite/although the Accused/Witness/Suspect had been legally detained, he would have died under mysterious circumstances in Police Custody.
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