DEFINE A “WRIT OF HABEAS CORPUS”?
ANS. A writ of habeas corpus is defined as a
writ directed to the person detaining another, commanding him to produce the
body of the prisoner at a designated time and place, with the day and cause of
his caption and detention, to do, submit to, and receive whatever the court of
judge awarding the writ shall consider in that behalf.
Habeas
corpus when translated means “produce the body”. If a writ of habeas corpus is
issued by the court, the court is basically ordering a person who has detained
another to produce the body of the latter at a designated time and place, and
to show sufficient cause for holding in custody the individual so detained.
WHAT IS THE “PRIVILEGE OF THE WRIT OF
HABEAS CORPUS?”
ANS. The privilege
of the writ is the further order from the court to release an individual if it
finds his detention without legal cause or authority.
WHAT THEN MAY BE SUSPENDED: THE WRIT OR THE
PRIVILEGE OF THE WRIT?
ANS. It is the privilege of the writ of habeas corpus (not the writ itself)
WHO MAY SUSPEND THE PRIVILEGE?
ANS. The President
CLICK HERE TO READ THE CONTINUATION
FOR WORDPRESS READERS, CLICK HERE
