Kanu Sanyal v District Magistrate Darjeeling
Rule established
Habeas corpus focuses on legality of detention; physical production of the detainee in every case is not mandatory.
Facts
- Habeas corpus petition filed on behalf of a detainee held at a distant location
- Question arose whether the court must order physical production before deciding the petition
Issue
- Must the court order physical production of the detainee in every habeas corpus proceeding?
Held
- Physical production is directory, not mandatory. The court can examine the legality of detention without requiring the detainee to be brought before it where production is impracticable or unnecessary.
Ratio Decidendi
Habeas corpus is concerned with the legality of detention, not with physical production. Where production is impracticable, the court proceeds on the record and affidavits.
How to use it in an exam
Deploy in ADM-5.1 to show the writ focuses on legality, not procedure. Key point: production is directory.
Source
Source: AIR 1974 Supreme Court 510
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Administrative LawWrits Habeas CorpusPhysical production directory not mandatory; focus is legality of detention