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Habeas Corpus

  • IASbaba
  • November 6, 2020
  • 0
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Habeas Corpus

Part of: GS Prelims and GS-II – Constitution

In news

  • Bombay High Court heard Habeas Corpus plea of a senior journalist, who was arrested in a connection with abetment to suicide case by Police. 

Important value additions 

  • The Indian Constitution empowers the Supreme Court to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution under Article 32. 
  • Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen.
  • There are five types of Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.
  • Mandamus: A judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
  • Prohibition: A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
  • Certiorari: In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency.
  • Quo warranto: Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold.
  • Habeas Corpus: It literally means “you may have the body.” The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

Do you know?

  • In September, 2018, the Supreme Court reiterated that writ of habeas corpus can’t be filed for a person in police custody ordered by a Magistrate. 
  • The Supreme Court bench said that as the custody is awarded by the Magistrate, it cannot be considered unlawful detention.

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