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Article 32.

Remedies for enforcement of rights conferred by this Part

What are the constitutional remedies?

(1) The right to mo e the !u"reme #ourt by a""ro"riate "roceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The !u"reme #ourt shall ha e "o$er to issue directions or orders or $rits% including $rits in the nature of habeas cor"us% mandamus% "rohibition% &uo $arranto and certiorari% $hiche er may be a""ro"riate% for the enforcement of any of the rights conferred by this Part.

(3) Without "re'udice to the "o$ers conferred on the !u"reme #ourt by clauses (1) and (2)% Parliament may by la$ em"o$er any other court to e(ercise $ithin the local limits of its 'urisdiction all or any of the "o$ers e(ercisable by the !u"reme #ourt under clause (2).

()) The right guaranteed by this article shall not be sus"ended e(ce"t as other$ise "ro ided by this #onstitution.

According to article 13 fundamental rights are enforceable and any la$ inconsistent $ith a *undamental Right is oid. Article 13 is the +ey "ro ision as it ma+es *undamental Right 'usticiable. Article 13 confers a "o$er and im"oses a duty and an obligation on the courts to declare a la$ oid if it is inconsistent $ith a fundamental right. Article 32 confers "o$er on the !u"reme #ourt to enforce fundamental rights.

,aryao . !tate of -ttar Pradesh% .A/-0!#0111201231 4 A5R 1231 !# 1)674 1232 (1) !#8 7124 (1232) 1 !#R 67). The !u"reme #ourt obser ed that the fundamental rights are included not only to "rotect indi idual9s rights but they are based on high "ublic "olicy. :iberty of the indi idual and the "rotection of the *undamental Rights are the ery essence of the democratic $ay of life ado"ted by the #onstiution and it is the "ri ilege and the duty of this court to u"hold those rights. This $ould naturally refuse to circum ent them or to curtail them e(ce"t as "ro ided by the #onstitution itself.

Premchand ;arg . <(cise #ommissioner% -ttar Pradesh% .A/-0!#011=201232 4 A5R 1233 !# 2234 (1233) 2 !#A 1264 (1233) !-PP 1 !#R ==6. The !u"reme #ourt has described the significance of article 32 in the follo$ing $ords4>

?The *undamental Rights to mo e this court can therefore be a""ro"riately described as the cornerstone of the democratic edifice raised by the #onstiution. That is $hy it is natural that this court should regard itself as the "rotector and guarantor of *undamental Rights and should declare that it cannot% consistently $ith the res"onsibility laid u"on it% refuse to entertain a""lications see+ing "rotections?.

223. Po$er of @igh #ourts to issue certain $rits

(1) /ot$ithstanding anything in article 32 e ery @igh #ourt shall ha e "o$er% throughout the territories in relation to $hich it e(ercises 'urisdiction% to issue to any "erson or authority% including in a""ro"riate cases% any ;o ernment% $ithin those territories directions% orders or $rits% including $rits in the nature of habeas cor"us% mandamus% "rohibition% &uo $arranto and certiorari% or any of them% for the enforcement of any of the rights conferred by Part 555 and for any other "ur"ose.

(2) The "o$er conferred by clause (1) to issue directions% orders or $rits to any ;o ernment% authority or "erson may also be e(ercised by any @igh #ourt e(ercising 'urisdiction in relation to the territories $ithin $hich the cause of action% $holly or in "art% arises for the e(ercise of such "o$er% not$ithstanding that the seat of such ;o ernment or authority or the residence of such "erson is not $ithin those territories.

(3) Where any "arty against $hom an interim order% $hether by $ay of in'unction or stay or in any other manner% is made on% or in any "roceedings relating to% a "etition under clause (1)% $ithout>

(a) furnishing to such "arty co"ies of such "etition and all documents in su""ort of the "lea for such interim orderA and


gi ing such "arty an o""ortunity of being heard%

ma+es an a""lication to the @igh #ourt for the acation of such order and furnishes a co"y of such a""lication to the "arty in $hose fa our such order has been made or the counsel of such "arty% the @igh #ourt shall dis"ose of the a""lication $ithin a "eriod of t$o $ee+s from the date on $hich it is recei ed or from the date on $hich the co"y of such a""lication is so furnished% $hiche er is later% or $here the @igh #ourt is closed on the last day of that "eriod% before the e("iry of the ne(t day after$ards on $hich the @igh #ourt is o"enA and if the a""lication is not so dis"osed of% the interim order shall% on the e("iry of that "eriod% or% as the case may be% the e("iry of the said ne(t day% stand acated.

()) The "o$er conferred on a @igh #ourt by this article shall not be in derogation of the "o$er conferred on the !u"reme #ourt by clause (2) of article 32.

WR5T 'urisdiction B* @5;@ #B-RT

<("lain the $rit 'urisdiction of @igh #ourt

Article 223 em"o$ers @igh #ourt to issue $ithin their territorial 'urisdiction directions orders% or $rits including $rits in the nature of habeas cor"us% mandamus% "rohibition% &uo $arranto and certiorari for the enforcement of fundamental rights or for any other "ur"ose. #lause ()) "ro ides that the "o$er #onferred on the @igh #ourt shall not be in derogation of the "o$ers conferred on the !u"reme #ourt by clause (2) of article 32. Peo"le are% therefore% granted double "rotection in cases of iolation of fundamental

rights. They can directly a""roach the !u"reme #ourt under article 32 or @igh #ourt under article 223.

Relation bet$een Articles 32 and 223

<("lain the relation bet$een articles 32 and 223

(1) Remedy under article 32 is itself a fundamental right and therefore% normally% the court cannot refuse to entertain the a""lication. 5n Romesh Tha""ar . !tate of .adras% .A/-0!#0111301261 4 A5R 1261 !# 12) 1261 !#8 )1=4 61 #r :8 161)4 1261 !#R 62)% Patan'ali !hastri% 8.% deli ering the ma'ority 'udgment obser ed4

?The article 32 does not merely confer "o$er on the court as article 223 does on the @igh #ourts to issue certain $rits for the enforcement of the rights conferred by Part 555 or any other "ur"ose as "art of its general 'urisdiction. Article 32 "ro ides a remedy for the enforcement of those rights and this remedial right is itself made a fundamental right by being included in Part 555. This court is thus constituted a "rotection and guarantor of fundamental rights and it cannot consistently $ith the res"onsibility so laid u"on it.?

(2) The 8urisdiction of the !u"reme #ourt is throughout the territory of 5ndia but the territorial 'urisdiction of the @igh #ourt is not so $ide. A @igh #ourt can entertain a "etition only if the cause of action arises $ithin its local limits.

(3) The remedy "ro ided under article 32 is a ailable only for the enforcement of fundamental rights guaranteed in Part 555. The @igh #ourt9s 'urisdiction under article 223 in this sense is $ider. They are em"o$ered to grant remedy under article 223 for enforcement of fundamental rights or for any other "ur"ose.

,efine ?$rit of certiorari?. <("lain the grounds on $hich it can lie $ith the hel" of rele ant case la$s

The &uestion $hether a 'udgment of the @igh #ourt under article 223 $ill attract the "rinci"le of res 'udicata under article 32 is discussed later.

(1) Writ of #ertiorari.>

The $rit of certiorari is an order of the @igh #ourt issued to inferior courts% tribunals or authorities to transmit to it the record of "roceeding "ending $ith them for scrutiny and if necessary% for &uashing the same. 5t is obser ed by At+in% :.8. that the $rit of certiorari may issue ?$hene er any body of "ersons ha ing legal authority to determine &uestions affecting the rights of sub'ects% and ha ing the duty to act 'udicially% act in e(cess of their legal authority.?

Radheshyam Chare . !tate of .adhya Pradesh% .A/-0!#011160126= 4 A5R 1262 !# 1174 1262 !#8 34 1262 /ag :8 )24 1262 .P:8 1=64 .A/-0!#011160126= 4 1262 !#R 1))1. The !u"reme #ourt obser ed that it consists of four com"onents iD% (a) a body of "ersonsA (b) ha ing legal authorityA (c) to determine &uestions affecting the rights of sub'ectsA and (d) ha ing the duty to act 'udicially.

5n determining the 'urisdiction of $rit of certiorari% the courts in 5ndia ha e some time been mainly guided by the "rinci"le laid do$n in /a+udda Ali . 8ayaratne% A5R 1261 A# 33. The !u"reme #ourt sim"ly demolishes the order of the inferior tribunal $hich it consider to be $ithout 'urisdiction or "al"ably erroneous% but it does not substitute its o$n ie$s for those of the inferior tribunal.

Pro ince of Eombay . Chushaldas !. Ad ani% .A/-0!#0113)01261 4 A5R 1261 !# 2224 1261 !#8 )614 =3 #:8 3314 1261 !#R 3214 (1261) 2 .:8 713. The !u"reme #ourt held that an error of la$% $hich is a""arent on the face of records can be corrected. The !u"erior #ourt sim"ly demolishes the order of the inferior tribunal $hich it consider to be $ithout 'urisdiction.

Writ lies on 8udicial Eodies.>

This $rit can be a ailed of only to remo e or to ad'udicate u"on the alidity of 'udicial acts. The e("ression 9'udicial acts9 include the e(ercise of &uasi>'udicial functions by administrati e bodies or authorities or "ersons obliged to e(ercise of &uasi>'udicial functions. Eut administrati e bodies or authorities or "ersons obliged to e(ercise such functions are used in contrast $hich are "urely ministerial acts. The !u"reme #ourt has

laid do$n t$o "ro"ositioning for ascertains $hether an authority is to act 'udicially>

(1) 5f the statute em"o$ers an authority to decide dis"utes arising out of a claim made by one "arty under the statute% $hich claim is o""osed by another "arty% then "rima facie% and in the absence of anything in the statute to the contrary it is the duty of the authority to act 'udicially and the decision of the authority is a &uasi>'udicial actA and

(2) 5f a statutory authority has "o$er to do any act $hich $ill "re'udicially affect the sub'ect% then although there are not t$o "arties a"art from the authority and the contest is bet$een the authority "ro"osing to do the act and the sub'ect o""osing it% the final determination of the authority $ill be a &uasi>'udicial act "ro ided the authority is re&uired by the statute to act 'udicially.

;rounds on $hich $rit can be issued.>

The $rit of certiorari is issued to a 'udicial or &uasi>'udicial body on the follo$ing grounds>


$here there is $ant or e(cess of 'urisdiction%

(b) $here there is a iolation of "rocedure or disregards of "rinci"les of natural 'ustice%

(c) fact.

$here there is error of la$ a""arent on the face of the record but not error of a

(a) Want of or e(cess of 'urisdiction.>

The $rit of certiorari is issued to a body "erforming 'udicial or &uasi>'udicial function for correcting errors or 'urisdiction% as $hen an inferior court or tribunal acts $ithout 'urisdiction% or in e(cess of it% or fails to e(ercise it. The $ant of 'urisdiction may arise

from the nature of the sub'ect>matter so that the inferior court had no authority to enter on the en&uiry or u"on some "art of it.

(b) *or correcting error of la$ a""arent on the face of record.>

The $rit is also issued for correcting an error of la$ a""arent on the face of record. 5t cannot be issued to correct an error of fact. What is an error of la$ a""arent on the face of record is to be decided by the courts on the facts of each case.

@ari Fishnu Camath . Ahmad 5sha&ue% .A/-0!#011110126) 4 A5R 1266 !# 2234 1266 !#A 1164 1266 !#8 2374 1266 !#R 111). The !u"reme #ourt held that no error could be said to be error on the face of the record if it $as not self>e ident and if it re&uired an e(amination or argument to establish it. An error of la$ $hich is a""arent on the face of the record can be corrected by a $rit of certiorari but not on error of fact% ho$soe er% gra e it may a""ear to be.

(c) ,isregard of Princi"les of /atural 8ustice.>

A $rit of certiorori also lies against a court or tribunal $hen it acts in iolation of the "rinci"les of natural 'ustice. T$o "rinci"les of natural 'ustice are generally acce"ted.>


the court or tribunal should be free from bias and interest%


Audi Altrum Partem i.e.% the "arties must be heared before the decision is gi en.

When it $ill not lie.>

The $rit of certiorari cannot be issued against a "ri ate body. #o>o"erati e <lectricity !u""ly !ociety :imited incor"orated under the #o>o"erati e !ocieties Act% is a "ri ate body and not a "ublic body discharging "ublic function and the $rit "etition is% therefore% not maintainable against such a "ri ate society.

,efine $rit of "rohibition and $hat is the difference bet$een $rit of certiorari and "rohibition

(2) Writ of Prohibition.>

Writ of "rohibition is issued by a su"erior court to an inferior court% tribunal or other "ublic body ha ing 'udicial or &uasi>'udicial function to "re ent it from assuming 'urisdiction $hich it does not "ossess or e(ceeding 'urisdiction or acting in contra ention of the la$ of the land or "rinci"les of natural 'ustice. 5t commands such court% body or tribunal to refrain from doing something $hich it is about to do.

Against $hom lies.>

The $rit of "rohibition $as issued only against a "ublic authority or an authority set u" by a statute e(ercising 'udicial or &uasi>'udicial functions. 5t did not lie against a "ri ate authority. Where a statutory authority ha ing no 'udicial or &uasi>'udicial function act illegally% mandamus may be issued and if it is about to act% in'unction may be "ro"er remedy% not "rohibition. The $rit of "rohibition $ill not issue against a legislature to retrain from e(ercising legislati es functions but it can issue against a body or authority used $ith or authorised to ma+e or enforce subordinate legislation.

Who can a""ly.>

The "erson $hose legal right is iolated is entitled to a""ly for the $rit of "rohibition.

#onditions for issue of "rohibition.>

(1) :i+e $rit of certiorari% "rohibition can be issued only against authorities e(ercising 'udicial or &uasi>'udicial functions.

(2) The $rit can be issued only $here such 'udicial or &uasi>'udicial authority assumes 'urisdiction $hich does not ha e or e(ceeds the 'urisdiction $hich it has or $here "roceedings are in contra ention of la$ or "rinci"les of natural 'ustice.


At the time of the issue of the $rit% "roceedings must be "ending.

()) Where "roceedings are "artly $ithin the 'urisdiction of such authority and "artly in e(cess of its 'urisdiction% the $rit $ill lie only against that "art of the "roceedings $hich is in e(cess of its 'urisdiction.

(6) The authority should also continue to function. 5f before the issue of the $rit the authority becomes functus% officio% "rohibition $ill not be a""ro"riate remedy.

(3) There should not be deliberate concealment or misstatement of material facts $hich may mislead the court.

Alternati e Remedy.>

5n case of certiorari% the e(istence of alternati e remedy may be a ground for reflecting "etition but $here there is usur"ation of 'urisdiction% the fact that alternati e remedy is a ailable is irrele ant and "rohibition has to be issued as a matter of right.

Eengal 5mmunity #om"any :td. . !tate of Eihar% .A/-0!#011=301266 4 A5R 1266 !# 3314 1266 !#A 11)14 1266 !#8 3724 (1266) 3 !T# ))34 (1266) 2 !#R 313. The !u"reme #ourt held that the e(istence of an alternati e remedy may be more material in case of $rit of certiorari% but $here the inferior court assumes 'urisdiction $hich it does not "ossess% $rit of "rohibition $ill issue as of right.

Prohibition to be rarely issued4>

The !u"reme #ourt and the @igh #ourts ha e "o$er to issue $rits including $rit of

"rohibition. A $rit of "rohibition is normally issued only $hen the inferior court or tribunal>


Proceeds to act $ithout or in e(cess of 'urisdictionA


Proceeds to act in iolation of rules of natural 8usticeA


Proceeds to act under the la$ $hich itself is ultra ires or unconstitutionalA


Proceeds to act in contra ention of fundamental rights.

<("lain the $rit of mandamus?

(3). .andamus4>

5t is an order issued by the !u"reme #ourt or a @igh #ourt to any go ernment% #ourt% "ublic authority or cor"oration or "erson in ested $ith "ublic duty commanding such go ernment% court% "ublic authority% cor"oration or "erson to "erform some "ublic duly in $hich the "etitioner has sufficient legal interest.

5t is in nature of command re&uiring any s"ecific act to be done or not to be done by any "erson holding "ublic office% "ermanent or tem"orary or by a cor"oration or inferior court.

The "ur"ose of this $rit is to "rotect legal rights% to enforce constitutional limitations% to correct error of la$ and iolations of "rinci"les of natural 'ustice and to com"el any "erson or authority to "erform a "ublic duty cast u"on him by la$. 5t cannot be issued to enforce de"artmental instruction not ha ing statutory force.

Who can a""ly.>

Bnly the "erson% $hose legal right is directly affected by the non>"erformance of the "ublic duty% can a""ly for $rit of mandamus. @e must ad ice e idence before the court that a demand for the "erformance of duty $as made and the officer or "ublic body concerned refused to do that duty.

Against $hom mandamus lies.>

The $rit of mandamus $ill lie against a "erson holding "ublic office "ermanently or tem"orarily or "ublic body or cor"oration or an inferior court or tribunal. 5t does not lie against a "ri ate indi idual. .andamus $ill lie against a go ernment or its officers $here the go ernment or the officer e(ceeds the limits of his "o$ers or fails to com"ly $ith the conditions im"osed by a statute for e(ercise of such "o$ers.

Public Bffice.>

Public office refers to any "osition established by la$ to $hich certain duties or ser ices are attached $hich incumbent officer is duty bound to "erform. The duty in &uestion being "ublic% they in ol e e(ercise of some go ernmental or attests &uasi>go ernmental authority by the incumbent officer.

#onditions of issue of mandamus.>

A $rit of mandamus $ill be issued if the follo$ing conditions are satisfied>

(1) The "etitioner has a legal right to com"el the o""onent to "erform legal duty cast on the o""onent. 5n other $ords% he must ha e a 'udicially enforceable right.

(2) The $rit of mandamus and certiorari are issued for enforcement of an e(isting legal right% not for establishing it.


The duty must be of "ublic nature.

()) The duty must be of a mandatory nature. Where the duty is not im"erati e but of discretionary nature mandamus $ill not lie.

What are the grounds or $hich &uo $arranto can lie?

()) Guo $arranto.>

Ey &uo $arranto "roceedings a "erson holding any "ublic office or franchise is called u"on to sho$ by $hat authority or right he holds that office. 5f the court finds that holder of the office has no alid title it $ill oust the "erson by issuing $rit of &uo>$arrant.

The $rit has t$o>fold "ur"ose. 5t "rotects a citiDen from being de"ri ed of "ublic office unla$fully by usur"ers and controls the e(ecuti e action in matters of a""ointments of "ublic officers.

Who can a""ly.>

5n &uo $arranto "roceedings% the "etitioner does not necessarily see+ to enforce his right but challenges the alidity of the claim of the holder of a "ublic office and as such can be a""lied for by any "erson $hether he has any "ersonal interest or not. *or instance>offices of Ad ocate>;eneral or a !"ea+er or "ublic offices. Petition can be mo ed by any "erson on the ground that the holder of the office is an usur"er $ithout alid claim.

#onditions for issue of Guo $arranto.>

A $rit of &uo $arranto can be issued if the follo$ing conditions are satisfied4

(1) The office in &uestion must be a "ublic office. 5t must be established that the office held by the usur"er is a "ublic office. A "ublic office means an office in $hich "ublic ha e an interest. The $rit of &uo>$arranto $ill not issue in res"ect of an office of "ri ate nature.

8amal"ur Arya !ama' . ,r. ,. Ram% A5R 126) Pat 2274 5:R 33 Pat 167. The $rit of &uo $arranto against the members of the $or+ing committee of the Eihar Ra' Arya Pratinidhi !abha a "ri ate religious organiDation $as refused because the office $as not a "ublic office.

(2) The office must be of substanti e character. Guo $arranto $ill lie only $here office in dis"ute is of substanti e character i.e.% an office inde"endent in title.

;.,. Car+are . T.:. !he de% .A/-0/A0112201261 4 A5R 1262 /ag 3314 5:R (1262) /ag )12. A substanti e office means an office inde"endent in title as distinguished from a de"uty or ser ent. 5t $as held that &uo $arranto $ould issue if the office is "ermanent e en if it is held by the holder at the "leasure of the !tate. The office may be high or lo$.

(3) The holder should not be legally &ualified to hold the office. The "ur"ose of the $rit is to "re ent usur"ation of a "ublic office. 5t $ill% therefore% not lie $here the holder of the office is legally entitled to hold it. < en $here a "erson initially occu"ies the office illegally but becomes &ualified to hold it before the hearing% the court $ill refuse to issue &uo $arranto.

@ari !han+ar Prasad ;u"ta . !u+hdeo Prasad% .A/-0-P0112=0126) 4 A5R 126) All 2274 5:R (126)) 1 All ))74 1263 All :8 37=. The $rit $as refused on the ground that although the holder of the office $as not &ualified on the date of a""ointment% he ac&uired the necessary &ualifications $hile the $rit "etition $as "ending.

()) The holder of the office against $hom $rit is claimed must ha e assumed the office. Eut it is not necessary that he must ha e assumed the name of the office because $hether a "erson has usur"ed an office or not is a &uestion of substance.

(6) The holder of the office must ha e ceased to hold it once he cease to hold an office%

the $rit $ill become infructuous.

<("lain the @abeas #or"us. Who can a""ly their $rit?

(6). @abeas #or"us4>

@abeas #or"us literally means 9ha e the cor"us or bring the body9. Ey issuing this $rit the court orders the "erson detaining another "erson to "roduce the detainee before the court to enable it to e(amine the legality of the detention. This $rit is the most im"ortant one from the "oint of ie$ of maintaining liberty of mo ement. The main "ur"ose of the $rit is to set at large a "erson $ho has been illegally detained by any "erson or authority.

Who can a""ly?.>

A $rit "etition is normally filed by the "erson $hose right is iolated but an a""lication for habeas cor"us can also be mo ed by any other "erson $ho is related to or has interest in the detainee. !uch other "erson $ill ha e to gi e reasons as to $hy the detainee could not ma+e the affida it himself.

An ad ocate in his ca"acity of an ad ocate cannot file a""lication on behalf of the detainee unless he holds "o$er>of>attorney from the detainee.

Against $hom issued.>

Writ of @abeas #or"us is issued against any "erson or authority% $ho has illegally detained any "erson% unli+e other $rit habeas cor"us can be issued e en against a "ri ate indi idual.

-sha ,e i . Cailash /arain ,i(it% .A/-0.P0111=0127= 4 A5R 127= .P 2)4 1277 .P:8 3114 1277 @indu :R 331. The "etitioner9s son aged four and a half years $as forcibly

detained by the res"ondent $ho $as grandfather of the minor son. The $rit $as issued by the @igh #ourt on the ground that the "etitioners being mother and father $ere natural guardian and entitled to the custody of the child.

;hulam !ar$ar . -nion of 5ndia% .A/-0!#0113201233 4 A5R 1237 !# 13364 (1237) 1 !#A 2)34 1237 #r :8 121)4 (1237) 2 !#R 271. 5n that case after the "etition $as dismissed by the @igh #ourt% the "etitioner a""roached the !u"reme #ourt under article 32. The !u"reme #ourt held that @igh #ourt9s order $ill not o"erate as res 'udicata and decided the "etition. 5t $ill ma+e no difference as to $hether the a""lication for habeas cor"us in the @igh #ourt $as filed under article 223 or section 311 of #r.P.#.

#onditions for grant of habeas cor"us.>

The $rit of habeas cor"us $ill be issued in the follo$ing circumstances4


Where the detention is "rima facie illegal i.e.% there is no la$ su""orting it.


Where the detention is under some "ro ision of la$4


if the "ro ision is unconstitutional% or


5f the detention is not in conformity $ith the "rocedure established by that la$

When @abeas #or"us is refused?

(1) The essential ground for issue for the $rit of habeas cor"us is illegality of detention. 5f% therefore% detention is held legal% the $rit $ill not be issued.

Eatul #handra ;hosh . !tate of West Eengal% .A/-0!#0133701272 4 A5R 127) !# 22=64 127) #r :8 131). The "etitioner $as detained under West Eengal (Pre ention of

Fiolent Acti ities) Act% 1271. @e challenged the constitutional alidity of his detention by a $rit "etition under article 32 of the #onstitution. 5t $as established that the detenu and his associates% armed $ith daggers and bombs and other lethal $ea"ons attac+ed the house of a "erson and some of the inmates by hurling bombs and thereby created "anic in the locality. The detention of the "etitioner $as held alid and his $rit "etition for habeas cor"us $as dismissed.

(2) At the time of issue of $rit% illegal detention must continue. The "ur"ose of the $rit is to set at large a "erson $ho has been $rongly detained. 5f by the time the "etition is decided% the detention is $ithdra$n and he is released% the $rit becomes infructuous and the court $ill not issue the $rit of habeas cor"us.

Prosecution for criminal offence is no bar to issue of habeas cor"us.>

A "erson cannot contend that the $rit of habeas cor"us should not issue merely because he $as already "roceeded against for criminal offence.

#a"t. ,ushyant !omal . !mt. !ushma !omal% .A/-0!#016)1012=1 4 A5R 12=1 !# 11234 12=1 #r :8 7124 (12=1) 2 !## 2774 12=1 !## (#ri) )13. The "roceedings under section 333 of 5ndian Penal #ode $ere launched against the father for snatching a$ay the child from la$ful custody of the mother. ,uring the "endency of the "roceeding the mother a""lied for $rit of habeas cor"us. The father contended that the $rit should not issue because criminal "roceedings $ere already started against him. The court re'ected the contention and sentenced him to im"risonment for not obeying the direction of the court.