Habeas Corpora Juratorum - Definition - Law Dictionary

Definition :

Habeas corpora juratorum, Law Latin (that you have the bodies of the jurors), a process which issued out of the Court of Common Pleas, commanding the sheriff to summon a jury. The practice was similar to the distringas from the King's Bench and Exchequer for the same purpose. Abolished by C.L.O. Act, 1852, s. 104.

Is a writ or order requiring that a prisoner be brought before a court at a stated time and place to decide the legality of his detention or imprison-ment, Webster American Dictionary, p. 856.

Commands the Judge of the inferior court to produce the body of the defendant with a statement of the cause of his detention, to do and to receive what-ever the higher court shall decree, A Dictionary of Law, William C. Anderson, 1889, p. 500.

Is a high prerogative writ of English Common Law, Habeas Corpus Act of 1979 and 1816 are basis of security for the enjoyment of personal freedom, Webster American Dictionary, p. 856.

In India every High Court is empowered to issue the prerogative writ of habeas corpus for enforcement of fundamental rights and for any other purpose, Introduction to Study of the Law of the Constitu-tion, A.V. Dicey, 2003, p. 216.

The Supreme Court can issue it only for the enforce-ment of the fundamental rights, Constitution of India, Art. 32(2).