- February 14, 2021
- Posted by: admin1
- Category: DPN Topics
Context: A report by the Forum on Human Rights in Jammu and Kashmir has concluded that the priority to counter-insurgency has vitiated protections like habeas corpus, prevention of illegal detention
The SC (under Art 32) and the HC (under art 226) can issue writs(a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court) of Habeas Corpus, mandamus, prohibition, certiorari and Quo-Warranto.
Further, the Parliament can authorize other courts to issue such writs (borrowed from Britain’s Prerogative Writs).
About Habeus Corpus:
- It means “You may have the body”.
- Its purpose is to release a person who has been detained unlawfully whether in prison or in private custody.
- It is considered bulwark of individual liberty against arbitrary action.
It is not issued when:
- Detention is lawful
- Proceeding is for contempt of legislature or a court.
- Detention is by a competent court
- It is outside the jurisdiction of the concerned court.