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?
Sir,
Habeos Corpus can be issued against a private individual as well.
Warm Regards
Kapil Chandna Advocate
9899011450
Sir, thank you for your response. But with due resepct, please clarify my whole doubt.
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.
| Originally posted by : PRUTHVI NATH | ||
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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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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.
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.
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.
| Originally posted by : Sudhir Kumar | ||
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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.
Kapil Chandna
