Section 491Chapter XXXVII

Power to issue directions of the nature of a habeas corpus

DIRECTIONS OF THE NATURE OF A Habeas Corpus

(1) The High Court Division may, whenever it thinks fit, direct:-

(a)

that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law;

(b)

that a person illegally or improperly detained in public or private custody with such limits be set at liberty;

(c)

that a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court;

(d)

that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively;

(e)

that a prisoner within such limits be removed from one custody to another for the purpose of trial ; and 508[* * *]

(2)

The 509[Supreme Court] may, from time to time, frame rules to regulate the procedure in cases under this section. 510[(3) Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention.]