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Amulya Nigam
(Ballb 5th sem)
Writ
General Meaning - a formal order in Writing issued
under seal, in the name of a sovereign, government,
Court or other authority, commanding an officer or
other person to whom it is issued, to do or refrain from
doing some act specified therein.
The supreme court of India is alert guardian of
fundamental rights of citizens.It is supreme
custodian.Article 32 of constitution provides for
writs for the enforcement of fundamental
rights.Similar jurisdiction is available to high
court under Article 226. actually , the jurisdiction
of high court to issue writ is more wide than that
of supreme court . High court can issue writ for
'other purposes' alongwith fundamental rights ,
whereas supreme court can only issue writ for the
enforcement of fundamental rights
TYPES OF WRITS
As per Article 32(2) and Article 226(1) of the
constitution,the supreme court and high court can
issue five types of writs-
1.Habeas corpus
2.Mandamus
3.Prohibition
4.Certiorari
5.Quo-Warrant
Writ of Habeas corpus
Habeas Corpus means, you may have the body."
A person, when arrested, can move the Court for
the issue of Habeas Corpus. It is an order by a
Court to the detaining authority to produce the
arrested person before it so that it may examine
whether the person has been detained lawfully or
otherwise. If the Court is convinced that the
person is illegally detained, it can issue orders for
his release.
Who can apply?
General rule is that an application can be made by a
person who is illegally detained. But in certain cases,
an application of habeas corpus can be made by any
person on behalf of the prisoner, i.e., a friend or a
relation.
SUNIL BATRA V. DELHI
ADMINISTRATION(AIR 1980 SC
1579)