Section 188: Complaint of illegal detention to Judge

188. Complaint of illegal detention to Judge (1) Where a Judge receives a complaint by or on behalf of a person to the effect that he is illegally committed or restrained of his liberty, he may order all persons whom it may concern to— (a) return to him any depositions and commitments; (b) take and return any other evidence or matter necessary for the purpose of ascertaining the cause of such detention and imprisonment; or C59 – 33 [Issue 1] Criminal Procedure Act (c) issue a writ of habeas corpus directed generally to every gaoler, officer or any other person in whose custody the person committed or restrained may be. (2) The gaoler, officer or any other person shall, at the return of the writ upon due and convenient notice given to him— (a) bring or cause to be brought the person committed or restrained before the Judge who issued the writ, in open Court or in Chambers; (b) certify the true cause of that person’s detention or imprisonment, and the Judge or Court shall proceed to examine and determine whether the cause of the commitment appearing on the return is just or not, and may thereupon release, bail out or remand that person.