PROTECTING PERSONAL LIBERTY: JUDICIAL RESPONSE TO ILLEGAL DETENTION IN INDIA

Abstract

The right to personal liberty is a fundamental right enshrined under Article 21 of the Indian Constitution, which states that no person shall be deprived of their liberty except according to the procedure established by law. However, illegal detention remains a persistent issue in India, often arising from arbitrary police actions, misuse of preventive detention laws and procedural lapses in criminal justice administration. This research paper critically examines the judicial response to illegal detention in India, analyzing landmark judgments, constitutional safeguards and persistent challenges. The study evaluates the role of the Supreme Court and High Courts in upholding liberty through writ petitions (Habeas Corpus, Mandamus, etc.), judicial activism and evolving interpretations of due process. It also highlights gaps in enforcement, police accountability and legislative reforms needed to strengthen protections against unlawful detention.