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Habeas Corpus Case and its Culmination

By Justice Satya Poot Mehrotra

Published In

Air 2018

The present Article seeks to examine various aspects pertaining to Additional District Magistrate, Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207 (popularly known as Habeas Corpus Case) and its culmination in Justice K.S. Puttaswamy (Retd.) and another v. Union of India and others, AIR 2017 SC 4161 (popularly known as Right to Privacy Case). Introductory It will be useful to note certain basic points before coming to the main topic. Under Article 32 of the Constitution of India (in short “the Constitution”), an affected person can directly file Writ Petition before the Supreme Court for enforcement of Fundamental Rights conferred by Part III of the Constitution. Under Article 226 of the Constitution, an affected person can file Writ Petition before a High Court for enforcement of Fundamental Rights conferred by Part III of the Constitution as well as for enforcement of other C ....

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