My brother was detained unlawfully in Dwarka; can I file a habeas corpus petition?
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Below is a comprehensive legal analysis based on Indian law for your question.
Habeas corpus is a writ under Article 32 in the Supreme Court and Article 226 in the Delhi High Court for the production of a person allegedly detained unlawfully. File the petition with the affidavit of the detaining facts, the last seen details and the police inaction. The court will direct the state to produce the detainee and to justify the detention, and can order release if the detention is unlawful. The writ can be filed by any person on behalf of the detainee, since the rule of locus standi is liberal for habeas corpus. Delhi Rent Control Act 1958 cannot bar the writ, since it is a constitutional remedy overriding any state enactment. Preserve the FIR, the last seen evidence and any response from the police in Dwarka. The court can also direct an inquiry by an independent agency if the police are implicated in the detention.
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