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november 1983

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.

SEBASTIAN M. HONGRAY vs UNION OF INDIA AND OTHERS · Niyam