Difference between revisions of "Right to Habeas Corpus"

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* In '''Sheela Barse v. State of Maharashtra''', the court held that if the detained person is unable to seek the writ of habeas corpus, someone else may act so on his behalf.
 
* In '''Sheela Barse v. State of Maharashtra''', the court held that if the detained person is unable to seek the writ of habeas corpus, someone else may act so on his behalf.
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===Kenya===
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Criminal Procedure Code 2009
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* 389. (1) The High Court may whenever it thinks fit direct -
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* (a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law;
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* (b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty;
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* (c) that any prisoner detained in a prison situated within those limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in that court;
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*(d) that any prisoner so detained be brought before a court martial or commissioners acting under the authority of a commission from the President for trial to be examined touching any matter pending before the court martial or commissioners respectively;
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*(e) that any prisoner within those limits be removed from one custody to another for the purpose of trial; and
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*(f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment.
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*(2) The Chief Justice may make rules of court to regulate the procedure in cases under this section.
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Rules under section 389(2) (THE CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE OF HABEAS CORPUS) RULES)
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* 1. These Rules may be cited as the Criminal Procedure (Directions in the Nature of Habeas Corpus) Rules.
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* 2. An application for the issue of directions in the nature of habeas corpus shall be made in the first instance to a judge in chambers ex parte, supported by affidavit in triplicate.
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* 3. If the application is not dismissed, the judge shall order a summons to be issued directed to the person in whose custody the person alleged to be improperly detained is said to be, requiring his appearance in person or by advocate, together with the original of any warrant or order for the detention, at a place and time named therein, to show cause why the person so detained should not be forthwith released.
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* 4. The summons shall be accompanied by a copy of all affidavits lodged in support of the application, and where the person detained is in public custody a duplicate of the application, of the summons and
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of all affidavits lodged in support thereof shall be forwarded to the Attorney-General.
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* 5. Affidavits in reply shall be filed in duplicate, of which one copy shall be served on the applicant.
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* 6. The date fixed for the return to the summons shall be as soon as may be convenient after its issue to permit of the attendance of the parties served.
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===Tanzania===
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Criminal Procedure Act, 1985
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* 390(1) The High Court may whenever it thinks fit direct-
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* (a) that any person within the limits of Tanzania Mainland be brought up before the court to be dealt with according to law;
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* (b) that any person illegally or improperly detained in public or private custody within such limits, be set at liberty;
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* (c) that any prisoner detained in any prison situate within such limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in such court;
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*(d) that any prisoner detained as aforesaid be brought before a court-martial or any commissioners acting under the authority of any commission from the President for trial or be examined touching any matter pending before such court-martial or commissioner
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respectively;
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* (c) that any prisoner within such limits be removed from one custody to another for the purpose of trial; and
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* (f) that the body of a defendant within such limits be brought in on a return of cepi corpus to a writ of a attachment.
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===Uganda===
 
===Uganda===

Revision as of 11:07, 21 May 2010