When can I file a habeas corpus petition in Howrah for a detained person?

Detailed Legal Analysis

You can file a habeas corpus petition before the Calcutta High Court under Article 32 or Article 226 if a person is illegally or arbitrarily detained in Howrah by the police or any authority. The petition must establish that the detention is without legal authority or in violation of fundamental rights.

The Calcutta High Court can direct the police to produce the detained person before the court and justify the detention. If the detention is found to be illegal, the court can order immediate release and compensation for the violation.

The West Bengal Premises Tenancy Act 1997 does not override the right to habeas corpus, which is a fundamental right under Article 22. The petition can be filed by the detained person or any person on their behalf, and the court must act expeditiously in such matters.