52 habeas corpus applications pending before the Supreme Court: Minister of Justice

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108 habeas corpus cases pending in Bombay High Court on December 14, he told Lok Sabha

A total of 52 petitions relating to “habeas corpus cases ”are pending before the Supreme Court, as on December 13, informed Friday the Minister of Justice Kiren Rijiju, the Lok Sabha.

A habeas corpus is a writ used to challenge a person’s unlawful detention or imprisonment and protects fundamental rights.

In response to a question about the number of habeas corpus pending appeal to the Supreme Court and High Courts to date, the Minister shared the number of pending cases according to the Supreme Court Subject Category Code 1300 which relates to “habeas corpus questions ”to the Supreme Court.

Breaking through the past four years, the minister said that at the end of 2020, 53 such cases were pending before the highest court; there had been 40 cases at the end of 2019; and there were 43 such cases at the end of 2018.

Referring to the Hautes Cours, he stated that on December 14, 108 habeas corpus cases were pending in the Bombay High Court; 35 such cases were pending before the High Court of Gauhati until December 9; 24 such cases were pending before the Kerala High Court as of December 10; and before the High Court of Madhya Pradesh, 97 habeas corpus cases were pending on December 1.

Responding to another question on the number of cases relating to “misuse of voting machines”, Mr Rijiju denied such a possibility and said: “The Election Commission of India (ECI) has informed that no such case has been reported … EVM [electronic voting machines] are fully secure thanks to technical and administrative guarantees.

On another question of whether the government is proposing to set a deadline to ensure swift justice in the growing cases of crimes against women, such as rape and harassment, Mr Rijiju said: judicial. No time limit has been prescribed for the settlement of various types of cases by the respective courts.

“The government has no role in settling cases before the courts,” the minister said, adding that the government has taken several initiatives to speed up the settlement of cases through justice, including expedited courts.


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