• Writ Of Habeas Corpus

  • What is Habeas corpus writ

    Habeas corpus literally means ‘you may have the body'. It is the most valuable writ for personal liberty. It is a remedy available to a person who is confined without legal justification.  Through this writ, the court let it know the reasons for detention of the person and if there is no justification, order the authority concerned to set the person free.  The writ of habeas corpus, thus, entails the authority to produce the person before the court.  The applicant of this writ may be the prisoner or any person on his behalf to safeguard his liberty.  It seeks immediate relief from unlawful detention whether in prison or private custody.

    What is Certiorari writ

    If any lower court or a tribunal gives its decision but based on wrong jurisdiction, the effected party can move this writ to a higher court like Supreme Court or High Court.  The writ of certiorari issued to subordinate judicial or quasi- judicial body when they act:

    • Without or in excess of jurisdiction;
    • In violation of the prescribed procedure;
    • In contravention of principles of natural justice;
    • Resulting in an error of law apparent on the face of record. 

    The writs of prohibition and certiorari are of the same nature, the only difference being that the writ of prohibition is issued at an earlier stage, before the order is made and the writ of certiorari is available on a later stage i.e. after the order has been passed. 

    What is Quo-Warranto writ

    The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled. Quo Warranto writ is issued against the person of public who occupies the public seat without any qualification for the appointment. It is issued to restrain the authority or candidate from discharging the functions of public office. For example, a person of 65 years has been appointed to fill a public office whereas the retirement age is 60 years. Now, the appropriate High Court has a right to issue a Writ of quo-warranto against the person and declare the office vacant.

    The writ of quo-warranto to issue when:

    • The office is public and of substantive nature;
    • The office is created by the State or by the Constitution itself; and
    • The respondent must have asserted his claim to the office.

    The vaults of Sree Padmanabhaswamy Temple, Kerala was opened in accordance with the quo warranto petition filed by the former IPS officer and Supreme Court lawyer, T.P. Sundara Rajan.

    What is Writ of Prohibition

    A writ of prohibition is a writ directing a subordinate to stop doing something that they may not do, according to law, but are doing.This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction. The writ lies in both for access of jurisdiction or absence of jurisdiction. It is generally issued before the trial of the case or during the pendency of the proceeding but before the order is made.

    What is Writ of Mandamus 

    Mandamus literally means a command. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fail to do so. The writ may also be filed to stop the mentioned parties from doing a particular act that may be detrimental to the general public. It must be noted that a writ of mandamus or command may not be issued against the Indian President or Governor.

    Related Provisions of Law:

    1. Articles-226 & 227 of The Constitution of India, 1949.
    2. Sections-482 of The Code Of Criminal Procedure, 1973.      

    Code Of Criminal Procedure, 1973

    Section- 482. Saving of inherent power of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e. The Constitution Of India 1949, The Code Of Criminal Procedure, 1973, The Code of Civil Procedure, 1908, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.    

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