In the Friday session of the Lok Sabha, the Union Law Ministry provided answers to several questions raised by Members of Parliament including a number of habeas corpus pleas in Jammu and Kashmir post Article 370 abrogation, and the total seats available in law schools across India.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Anantnag Lok Sabha MP Hasnain Masoodi inquired about habeas corpus petitions filed in Jammu and Kashmir after Article 370 was revoked.
The ministry revealed that from August 2019 to June 2023, a total of 2,165 petitions were filed in the Jammu and Kashmir High Court and the Supreme Court.
Responding to concerns about delays in disposing of habeas corpus petitions challenging detention orders under the Public Safety Act, the ministry said that proper steps were being taken to ensure timely hearings and proceedings.
“The Government/Detaining Authorities file requisite pleadings and ensure timely production of available records in the Hon’ble Courts besides ensuring the presence of Counsels on the date of hearings. All other requisite steps, wherever, required, are being taken well within time to ensure early disposal of such petitions by the Hon’ble Courts,” it replied.
Machhlishahr Lok Sabha MP BP Saroj sought information about the number of seats available in law colleges.
According to the All India Survey on Higher Education, there are a total of 3,09,656 seats across various law schools in India. Of these, 71,140 seats are for five-year integrated LL.B. courses, 2,11,763 seats for three-year LL.B. courses, and 26,753 seats for LL.M. courses.
The ministry also said that there has been the establishment of 311 new law universities and colleges from January 2019 to 2022, with a significant number located in states like Uttar Pradesh, Rajasthan, Punjab and Haryana, and Assam.
MPs Shardaben Patel and Rameshbhai Patel sought details about cases pending in courts for over 50 years.
The ministry informed that, based on the Supreme Court’s Integrated Case Management Information System, there are no such cases pending before the top court.
However, as of July 31, 2023, the National Judicial Data Grid revealed that various High Courts and lower courts have 1,063 and 1,134 long-pending cases respectively, involving both criminal and civil matters.