Supreme Court of India · 1983-11-24
SEBASTIAN M. HONGRAY vs UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1983/66056
- Court
- Supreme Court of India
- Petitioner
- SEBASTIAN M. HONGRAY
- Respondent
- UNION OF INDIA AND OTHERS
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court, while adjudicating a writ of habeas corpus under Article 32 of the Constitution, emphasized that the court must investigate the facts if the respondent contests the allegations. The Court held that a writ can be issued even if the person alleged to be in custody has left the custody, and the respondents are obliged to file a return. The Court underscored the importance of ensuring the protection of personal liberty against unlawful detention by state authorities.