“HABEAS CORPUS” is a latin term which literally means “ you may have the body”. The writ is issued in form of an order calling upon a person by whom another person is detained to bring that person before the court and to let the court know by what authority he has detained that person. If the cause shown discloses that detained person has been detained illegally the court will order that he be released thus the main object of the writ is to give quick and immediate remedy to a person who is unlawfully detained by the person whether in prison or private custody. A writ of habeas corpus, also known as the "great writ", is a summons with the force of a court order; it is addressed to the custodian
(a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner.

The concept of writ essentially originated in England and to issue appropriate writ was always considered to be a prerogative of the crown. One of such important prerogative writ originated in
England and is known as writ of habeas corpus.
Habeas corpus originated in English legal system, but it is now available in many nations. It has historically been an important legal instrument in safeguarding individual freedom against arbitrary state action.In 17th century the foundation for habeas corpus were wrongly thought to have originated in magna carta which declared that “no freeman shall be taken or imprisoned or be disseized of his freehold or liabilities, or custom, or be outlawed, or exiled, or any other wise destroyed, nor will . We not pass upon him, nor condemn him but by lawful judgment of his peers or by the law of land”
The first recorded use of habeas corpus was made in 1305, during the reign of King Edward I.
While other writs were issued with effect in the reign of henry II in the twelfth century. The basis of writ was “ the king is at all times entitled to have an account , why the liberties of any of his subjects is restrained , wherever that restrain may be inflicted ”. The procedure for issuing a writ of habeas corpus was first codified by the habeas corpus act 1679 , following judicial which had restricted the effectiveness of the writ . The Bush administration developed a plan for holding and interrogating prisoners captured during the conflict. They were sent to a prison inside a U.S. naval base at Guantanamo Bay on land leased from the government of Cuba. Since 2002, over 700 men have been detained at “GITMO.” Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental