Art.32 - writs - issuing authority


1. Under Art.32, Can Supreme Court (SC) issue writs (all 5 writs) to only State or to both State and Private Individuals like High Courts (HC) under Art.226?

2. If SC is allowed to ONLY issue against State, then how can SC issue Habeas Corpus to Private individual? And one more doubt: if an individual detained another person, it is 'Kidnap' - Offence then he should be arrested. What is the point of issuing Writ to him?

3. To my knowledge, Mandamus Writ cannot be issued against President, Governors, HC Judge, Parliament and State Legislators. What about SC Judge? Can he/she issued against or not?

4. Can Prohibition Writ be issued against HC Proceedings?

 
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Advocate

Sir, 

 

Habeos Corpus can be issued against a private individual as well. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

 
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Sir, thank you for your response. But with due resepct, please clarify my whole doubt.

 
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Lawyer

 

Habeos Corpus can be issued against a private individual .

It amount to produce the body before the authority.

If u state the full fact of case then we can guide you. 

 

 
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Originally posted by : PRUTHVI NATH
1. Under Art.32, Can Supreme Court (SC) issue writs (all 5 writs) to only State or to both State and Private Individuals like High Courts (HC) under Art.226?

2. If SC is allowed to ONLY issue against State, then how can SC issue Habeas Corpus to Private individual? And one more doubt: if an individual detained another person, it is 'Kidnap' - Offence then he should be arrested. What is the point of issuing Writ to him?

3. To my knowledge, Mandamus Writ cannot be issued against President, Governors, HC Judge, Parliament and State Legislators. What about SC Judge? Can he/she issued against or not?

4. Can Prohibition Writ be issued against HC Proceedings?

Writ always directs the State to act or not act in a particular manner. Similar is the case of writ of Habeas Corpus. It is used to direct the State or its agencies like police to produce a person held in unlawful captivity or detention. The unlawful detention may have been done by the State or its agencies like police or a private individual. Therefore one can say that writ of Habeas Corpus can be useful in securing the liberty of an individual held in unlawful custody.

 
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Dy Director

What is the case
 
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CEO

Dear Client,

Writ of Habeas corpus to be issued against a  private person is allowed  under article 226 in Highcout and under Art 32 of the supreme court that   the private parry who is ilelegally detaining  the person my be released from his custody and produced before the court. O r hisbody should be produced before the  court from the wrongful confinement  of the private person

. If Highcourt  acts  without jurisdiction and  exercises  a jurisdiction not vested it  in it  etc  in  exceptional cases and sparingly the supreme court may issue writ of prohibition against the  Highcourt. proceedings.

 
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CEO

Writ of Habeas corpus is allowed to be issued even against a private person because it  is trhe most quickest and efficaceous remedy to secure the  release of  person from the illegal detention or wrongful  confinement of another  private person by producing  his body before the  court.

 
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Thank u mam :)

 

 
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Originally posted by : Sudhir Kumar
What is the case

There is no case. I'm just going through Our Constitution and encountered these doubts. Please add your valuable knowledge to this thread, it will be so much helpful. Thank you Sir.

 
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