Some moments in the legal profession leave you humbled, exhausted, yet profoundly aware of why you chose law in the first place. For me, 15th July was one such day. Having read about habeas corpus for the first time in Class 8, revisiting it in senior school civics, and studying it again in depth at LSR and Campus Law Centre, Delhi University, I finally experienced its transformative force in practice.
The Case of Two Missing Girls
On 12th July, two young girls went missing shortly after landing at IGI Airport. For two days, their families searched frantically, approaching every authority, but with no answers. By 14th July, they reached out to our team. The urgency was apparent, and we immediately drafted a habeas corpus petition, filing it around midnight.
The next day was consumed with clearing objections and ensuring service. By 4:30 PM, just as the Bench was about to rise, I stood before the Hon’ble Chief Justice of the Delhi High Court, requesting urgent mentioning. He was initially hesitant — after all, the day was ending, and procedural gaps remained. Yet, he heeded the gravity of the situation and allowed the request. That very evening, the families received the call they had been waiting for: the girls were safe.
The following day, I appeared again, placed the procedural lapse on record, and withdrew the petition. The relief was immediate, tangible, and deeply moving. It was a day that reminded me of the sheer power of constitutional remedies.
From reading about habeas corpus in school textbooks to invoking it in a real courtroom for two missing girls, I felt the continuity of law as both an idea and a lived reality. It is one thing to study habeas corpus as theory, quite another to watch it restore hope to distraught families.
“NOT ALL DAYS MATTER. BUT SOME DAYS DEFINE WHY YOU MATTER & WHY BEING A LAWYER IS WORTH ALL THE GRIND.”
Not all days in a lawyer’s life are memorable. Most are spent in routine filings, drafting endless documents, or navigating procedural delays. But then there are rare days — days that make every sleepless night, every hour in a courtroom, and every struggle worth it. On such days, you feel the full weight of the responsibility you carry, and the profound impact your work can have on real human lives. Standing before the Chief Justice of the Delhi High Court, seeking urgent relief for two missing girls, I felt that weight and purpose simultaneously. The fear, the urgency, the stakes of liberty — they all condensed into a moment of absolute clarity. And when, within hours, the families received the call that their daughters were safe, the relief was overwhelming. It was a day that reminded me why I chose law: not for prestige or accolades, but to be a voice for those who cannot speak, to push systems when delay equals denial, and to uphold the promise of justice. That day reaffirmed that while most days pass unnoticed, some days define why you matter — and why being a lawyer is worth every bit of the grind.
Habeas Corpus: The Great Writ of Liberty
Habeas corpus is one of the oldest constitutional remedies, often described as the “Great Writ of Liberty.” Its literal meaning is “produce the body” — a command to authorities to bring before the court a person who has been detained, so the legality of the detention can be examined. It is a safeguard against arbitrary detention, unlawful confinement, and enforced disappearances.
Habeas corpus historically emerged in English common law as a bulwark against arbitrary imprisonment by the Crown. It has since been embraced by democracies worldwide as an indispensable human rights safeguard. Internationally, instruments such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) enshrine liberty and protection from arbitrary detention as non-derogable rights.
In India, the right to life and personal liberty under Article 21 of the Constitution forms the bedrock of habeas corpus. Under Article 32 (Supreme Court) and Article 226 (High Courts), any person can move the courts to seek immediate relief when someone’s liberty is at stake. The jurisdiction of High Courts under Article 226 is wider than that of the Supreme Court under Article 32, as High Courts can also issue writs for “any other purpose,” not merely for enforcement of fundamental rights.
Comparative Perspectives
Globally, habeas corpus has evolved as a powerful instrument of liberty:
- United Kingdom: Rooted in the Habeas Corpus Act of 1679, it remains a vital check on executive power. It compels the State to justify detention before the judiciary.
- United States: Enshrined in the Constitution, it has been invoked in contexts ranging from slavery to Guantanamo Bay detainees. The U.S. Supreme Court has described it as a safeguard of freedom against tyranny.
- India: Post-Emergency jurisprudence underscored the significance of habeas corpus. The infamous ADM Jabalpur v. Shivkant Shukla (1976) judgment, which allowed suspension of habeas corpus during Emergency, remains a dark chapter, later discredited in Justice K.S. Puttaswamy v. Union of India (2017).
The writ has also been adapted to modern concerns — from missing persons cases to custodial violence, human trafficking, and even cases involving children taken away unlawfully by one parent.
Habeas Corpus and the Arc of Justice in India: From ADM Jabalpur to Puttaswamy:
Few legal doctrines carry as much symbolic and practical weight as the writ of habeas corpus—the “great writ of liberty.” At its heart, it protects the most basic human right: freedom from unlawful detention. In India, the journey of habeas corpus has been fraught, contested, and yet, deeply transformative. The trajectory from ADM Jabalpur v. Shivkant Shukla (1976) to Justice K.S. Puttaswamy v. Union of India (2017) reflects not only the resilience of Indian constitutionalism but also its capacity to self-correct.
ADM Jabalpur (1976): A Dark Chapter
During the Emergency (1975–1977), civil liberties were suspended, dissent was stifled, and thousands were detained without trial under preventive detention laws. When petitions were filed challenging such detentions, the Supreme Court in ADM Jabalpur v. Shivkant Shukla infamously held (by a 4–1 majority) that:
- The right to move any court for enforcement of Article 21 stood suspended during the Emergency.
- Even if unlawful, the state’s action could not be challenged in courts while emergency powers were in force.
Justice H.R. Khanna’s lone dissent, insisting that the right to life and liberty cannot be taken away even in emergencies, became immortal. He warned that “without liberty, life itself is meaningless.”
The judgment is now universally regarded as the Supreme Court’s darkest hour, where the Court failed in its duty as the guardian of fundamental rights.
Puttaswamy (2017): Correcting the Course
Decades later, in Justice K.S. Puttaswamy v. Union of India, a nine-judge bench emphatically reaffirmed the fundamental right to privacy under Article 21. But the judgment went beyond privacy. In powerful obiter dicta, the Court expressly overruled ADM Jabalpur, acknowledging its error:
- Justice Chandrachud (ironically, the son of Justice Y.V. Chandrachud, who had authored the ADM Jabalpur majority) wrote that “ADM Jabalpur was seriously flawed. Life and personal liberty are inalienable.”
- The Court recognized that certain rights—like dignity, liberty, and habeas corpus—are intrinsic to the constitutional order and survive even emergency declarations.
This was not merely a technical overruling—it was a constitutional apology and a reaffirmation that human rights are not state-given but inherent.
The journey from ADM Jabalpur to Puttaswamy exemplifies the “constitutional morality” Dr. B.R. Ambedkar envisioned. It underscores three key lessons:
- Judicial Courage Matters: Justice Khanna’s dissent in 1976, ridiculed then, became prophetic and a moral compass for future jurisprudence.
- Constitutional Self-Correction: Puttaswamy showed that even the gravest judicial errors are not permanent; constitutional courts can—and must—admit past wrongs.
- Habeas Corpus as the Soul of Liberty: The right to challenge unlawful detention is not just a procedural tool but the very essence of democracy and the rule of law.
Even today, habeas corpus petitions remain vital in cases of:
- Unlawful police detention
- Preventive detention under national security laws
- Custodial violence and enforced disappearances
- Protecting minors and vulnerable individuals from illegal confinement
In the digital age, with state surveillance, preventive detention laws, and emergency-like measures resurfacing under new guises, habeas corpus is as relevant as ever. The lessons of ADM Jabalpur remind us that courts must remain vigilant guardians of liberty, not passive endorsers of executive power.
The story of habeas corpus in India is one of struggle, betrayal, and redemption. ADM Jabalpur taught us how fragile liberty can be when courts falter. Puttaswamy restored faith in constitutionalism by declaring liberty, dignity, and privacy inalienable. Together, they mark a constitutional journey from darkness to light.
In the end, habeas corpus is not merely a writ—it is a civilization’s assurance to its people: that no authority can imprison the human spirit unlawfully, and that liberty will always have a defender in the Constitution.
Habeas Corpus as a Tool of Immediate Justice
What distinguishes habeas corpus from other remedies is its immediacy. Most legal processes are notoriously slow — but habeas corpus is designed to move fast. The urgency of liberty demands that it be heard without delay. That is why urgent mentioning, even at the end of the day, is justified — because delay equals denial.
In the case I handled, the power of habeas corpus lay not only in its legal force but in its ability to compel administrative action. Sometimes, merely filing and listing the petition galvanizes authorities to act, as happened here — the families received information the same evening once the court’s attention was drawn.
At its heart, habeas corpus is a human rights remedy. It is not just a technical writ but a moral instrument of accountability. It reaffirms that liberty is not the gift of the State but a fundamental right. The ability of ordinary citizens to knock on the doors of the highest constitutional courts and seek the whereabouts of their loved ones is what sustains public trust in the rule of law.
In the modern world, where surveillance, preventive detention, and national security laws are often invoked, habeas corpus continues to be a vital check on arbitrary power. It stands as a reminder that the State cannot be the sole arbiter of liberty.
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