Who Can Issue A Writ?
Against Whom A Writ Can Be Issued Under Article 32 ?
Types Of Writs-
There are indeed five types of writs that can be issued under Article 32(2) of the Indian Constitution, which are:- Habeas Corpus,
- Mandamus,
- Prohibition,
- Quo Warranto,
- Certiorari.
Habeas Corpus -
Habeas Corpus is a legal term that comes from England and means "you may have the body" in Latin. It's related to Article 21 and 22 of Indian Constitution. Essentially, it's a writ that allows a person who's been arrested or detained to appear before a judge or court to ensure that their detention is legal and to protect their fundamental rights.
For example, if someone like Mr. X is arrested and his family believes that he's being held without a good reason, they can use a writ of Habeas Corpus to require the police to give evidence for his detention. If the judge determines that the detention is unjust, then Mr. X will be released. However, if the judge decides that there are good reasons for Mr. X's detention, then he'll have to stay in custody.
- The detention is lawful.
- The case is being prosecuted for failure to comply with a legislative or judicial mandate.
- A competent court authorized the detention.
- The jurisdiction of the court on detention is ultra vires
Some Important Landmark Judgements-
State of J&K v. Mian Abdul Qayoom, Justice D. Y. Chandrachud has emphasized the vital importance of the writ of Habeas Corpus in protecting individual liberty and upholding the rule of law. He has stressed that the writ is a precious and undeniable feature of the legal system and that it plays a critical role in preventing the abuse of power by the State. According to him, the writ of Habeas Corpus is not only a procedural safeguard but also a substantive right essential for the protection of individual freedom and dignity.
Conclusion-
Habeas Corpus is a legal writ that protects an individual's fundamental rights by ensuring that their detention is legal.. It is a fundamental right and plays a critical role in preventing abuse of power by the state. The writ can be filed not only by the detainee but also by any person acting on their behalf.References-
Additional District Magistrate, ... vs S. S. Shukla Etc. Etc on 28 April, 1976 (indiankanoon.org)Kanu Sanyal vs District Magistrate, Darjeeijng ... on 11 September, 1973 (indiankanoon.org)
Rudul Sah vs State Of Bihar And Another on 1 August, 1983 (indiankanoon.org)
Mian Abdul Qayoom vs State Of J&K And Others on 7 February, 2020 (indiankanoon.org)
Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 (indiankanoon.org)
Writ of Habeas Corpus: History, Scope, and Landmark Judgements (legalbites.in)
What is Habeas Corpus and how to use it - iPleaders
Habeas Corpus - Features, Cases, UPSC Notes for Polity. (byjus.com)
Constitution of India - Wikipedia
Lakxmikant
M.P. Jain
Writ: Definition in Law, Types, and Examples (investopedia.com)
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