Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Pruthvi Nath (Student)     16 January 2017

Writs

1. Habeas corpus cannot be issued against whom?

2. Mandamus cannot be issued against whom?

3. Can Prohibition and Certiorari writ be issued against HC proceedings?



Learning

 4 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     16 January 2017

Habeas corpus cannot be issued against whom?

--- ANY Artificial Person(s).

Mandamus cannot be issued against whom?

--- Command cannot be Issued to President, Governer, Parliments in their personal Capacities.

Can Prohibition and Certiorari writ be issued against HC proceedings?

--- Yes, through SC.

Chandra Sekhar T S (Advocate)     16 January 2017

1. Habeas corpus cannot be issued against whom?

   Against any constiuted bodies

2. Mandamus cannot be issued against whom?

   Against President of India and Governers etc

3. Can Prohibition and Certiorari writ be issued against HC proceedings?

   Yes.

JINALI SHAH   10 May 2021

• Habeas Corpus Writ 

This writ cannot be issued in cases where a person was ordered to be arrested by a competent court and such order passed by a court is neither as prima facie illegal nor out of the jurisdiction.

But in cases where under judicial custody or police custody a person (that is under trial prisoners or any convict) who suffers maltreatment can file a writ petition or write a letter to the Supreme court or High Court regarding the same. 

Reference case: Sunil Batra v. Delhi Administration(1980) - The Supreme Court held that if a convict is undergoing maltreatment or inhumane behaviour by detaining authorities inside the prison then in such cases a writ of habeas corpus shall be issued. 

• Writ of Mandamus 

A writ of mandamus cannot be issued against a public or a government servant who is not required to perform the duty under the law. 

Reference case: Suganmal v. The State of Madhya Pradesh (1965) - In this case, the Supreme Court held that a writ of mandamus cannot be issued to tax authorities because there was no rule of refund of levied tax also as per the court order the assessment order was set aside. Hence, the court rejected to issue a writ of mandamus to tax authorities instead directed the petitioner to file a suit to claim a refund. 

• Writ of Certiorari and Prohibition 

A writ of certiorari is issued by the higher courts to subordinate courts or lower courts. In that case, a high court being lower than Supreme Court accordingly a writ can be issued to a high court by the Supreme Court of India if it has acted beyond its powers or committed an error of law.  

Even a writ of prohibition is issued by a higher court to the lower or subordinate courts or tribunals to prohibit them to go beyond their authority. It can be issued by the Supreme Court to any High Court if it acts beyond its jurisdiction or violates the principles of natural justice or fundamental rights. 

 

Priyanka Khosla   11 June 2021

  1. The writ of habeas corpus is a performance which pays as a legal remedy. It can be processed by a person who has been illegally detained. Habeas Corpus is a Latin word which channels to bring the body before the court. It is the most prominent privilege obtainable to the person detained unlawfully. With the help of the writ one can be released from unlawful detention or confinement. This writ signifies a person’s right to personal liberty and freedom.One can file for Habeas Corpus under Article 32 and 226 of Constitution of India Act, 1947. It is one of our fundamental rights. It can be issues against such person who has detained someone illegally. It could be against any public authority but also includes private individuals.

 

  1. Mandamus is a writ which is issued by High Court or Supreme Court against the lower courts or any person. It is an order or command compelling them to perform their official duty. It is normally issued when a statutory body is not performing its official duties.  

Mandamus can be issued against-

-lower court

-tribunal

-public authority

It can also be issued against anyone, excluding the president or governor of the state, a private person or chief justice.

 

 

  1. Prohibition is also known as Stay Order. It is a writ which can to stop a lower court or  authorities exercising judicial or quasi-judicial functions
    when they try to overstep their boundaries or powers. A court can only function in their given powers and limits. They cannot exceed them.

 Writ of Certiorari can be used against the lower court or any judicial/ quasi-judicial body. Through the writ, Supreme Court and High Court can order the lower court to either transfer their case to itself or they can quash their case. Such power can only be delegated when there has been an error of law or lacking of jurisdiction.

Prohibition and Certiorari writ be issued against HC proceedings only through our Apex Court.


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