habeas corpus

A person arrested is naturally brought before a judge.    

Where's the question of habeas corpus? 

Shri Om Prakash Dear Sir It's open to you to criticize me or, for that matter, anybody. But one should mind one's manners and etiquette. I may be wrong. But I can't be insulted. I can't be treated rudely. I'm not infallible. Please read my profile. Whethet it's foreign country or our country, a person who's arrested has to be brought before the judge of that country. So question of habeas corpus doesn't arise either in that country or in our country. I invite your further condemnation but mind your language. Behave.

Shri Om Prakash

Dear Sir

You corrected me many times?      How dare you.    You think you're so wise?

I say I'm not infallible.    Perhaps this prompted you to say so.     Whenever even a boy of five corrects me, it's my way to acknowledge my mistake and beg pardon.     Nothing of this sort has ever happened with you.

Many Questioners on the other hand criticised you and abused you rightly.

You can criticise but thinking that your criticism is final and unrebuttable is your habitual folly.

The legal meaning of, say, cheating is different from ordinary meaning.

But the meaning of habeas corpus is only one.

The Questioner asked whether it's applicable.

It's not applicable because, as he was already arrested, he'd be brought before a judge.

Habeas Corpus becomes necessary when nobody takes any interest to bring a wrong doer at large before a judge.

This's my opinion.     You're welcomed to contradict my opinion.

But don't misbehave.     Don't use insulting language.    And don't think your contradiction is cogent and conclusive.

I have 35 years o f legal life and addressed my arguments in about 10 sorts of courts including a High Court and the Supreme Court and convinced many famous advocated that they were wrong.

Many judges praised me that I was more intelligent than many senior advocates.     One high court judge was so impressed that he asked me to turn around and show my face to the advocates.

An advocate said no one goes so deep as I go. 

Shri Om Prakash

Dear Sir

You corrected me many times?      How dare you.    You think you're so wise?

I say I'm not infallible.    Perhaps this prompted you to say so.     Whenever even a boy of five corrects me, it's my way to acknowledge my mistake and beg pardon.     Nothing of this sort has ever happened with you.

Many Questioners on the other hand criticised you and abused you rightly.

You can criticise but thinking that your criticism is final and unrebuttable is your habitual folly.

The legal meaning of, say, cheating is different from ordinary meaning.

But the meaning of habeas corpus is only one.

The Questioner asked whether it's applicable.

It's not applicable because, as he was already arrested, he'd be brought before a judge.

Habeas Corpus becomes necessary when nobody takes any interest to bring a wrong doer at large before a judge.

This's my opinion.     You're welcomed to contradict my opinion.

But don't misbehave.     Don't use insulting language.    And don't think your contradiction is cogent and conclusive.

I have 35 years o f legal life and addressed my arguments in about 10 sorts of courts including a High Court and the Supreme Court and convinced many famous advocated that they were wrong.

Many judges praised me that I was more intelligent than many senior advocates.     One high court judge was so impressed that he asked me to turn around and show my face to the advocates.

An advocate said no one goes so deep as I go. 

A habeas corpus petition is a petition to present the body of a person before a court of law. Sometimes the police may arrest a person but nothing will be known about him after that. In such a situation a relative or a concerned person can file a petition before a court with writ jurisdiction, to order the police to produce him before the court. The Rajan case of Kerala during emergency was one like that. As for the question here it would depend on the laws of the country. 

I appreciate Dr. MPS Ramani. I don't know why members are reluctant to take part in this heated debate. Nothing is known of a person arrested? Extremely strange but I accept the Reply of Dr. MPS Ramani, an excellent member of LCI. So far I see, an arrested person is always produced before a judge within 24 hours. Maybe I'm wrong but not convinced. But the Reply of Dr. MPS Ramani is to my satisfaction.

Originally posted by : Imtiaj Goldar
	someone is arrested in foreign countries. Is habeas corpus applicable for him or her?

 

Consult law fo the country where the person is arrested.  Indian constitution doe snot apply abroad.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	A habeas corpus petition is a petition to present the body of a person before a court of law. Sometimes the police may arrest a person but nothing will be known about him after that. In such a situation a relative or a concerned person can file a petition before a court with writ jurisdiction, to order the police to produce him before the court. The Rajan case of Kerala during emergency was one like that. As for the question here it would depend on the laws of the country.

Happy to find opportuinity to fully agree with Dr Ramani.

This means I lost the support of the members. But all's not lost. I continue the debate. But I mind my language. My questions are: 1. Whatever the country, is it possible that nothing is known of an arrested person? Is it an arrest or kidnap? 2. Whatever the country, can an arrest be indefinite? 3.Even Remand can't be indefinite unless extended from time to time. 4.Remand given means the person was brought before a judge. Where, then, is the question of habeas corpus? 5.Not arrested but kidnapped means the Questioner's query has to be revised. I may be wrong. I request correction. I can't appreciate foul language. He who's bankrupt of reason resorts to vulgar language.

The queryist himself has asked whether habeas corpus was applicable. So the answer is "yes habeas corpus may be applicable subject to certain conditions".

Read my answers carefully.