Section 491Power to issue directions of the nature of a habeas corpus

s. 491

491. Power to issue 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 [* * *] (2) The [Supreme Court] may, from time to time, frame rules to regulate the procedure in cases under this section. [(3) Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention.]

1. 508. Clause (f) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2. 509. The words "Supreme Court" were substituted for the words "High Court" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
3. 510. Sub-section (3) was substituted for sub-section (3) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)