![]() The person was arrested when he did not violate any law.For instance, the person was not produced before a Magistrate within 24 hours of his arrest. The detention was not done in accordance with the procedure laid down.If the Court concludes that the detention was unlawful, then it directs the person to be released immediately. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention. This writ is used to release a person who has been unlawfully detained or imprisoned. ‘Habeas Corpus’ literally means “to have a body of”. These writs are issued in different circumstances and have different implications. Kinds of writsĪrticles 32 and 226 specifically provide for five kinds of writs. At the same time, the two articles give the right to the highest courts of the country to issue writs in order to enforce Fundamental Rights. To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated. It is essential that these Fundamental Rights are protected and enforced as well. Merely providing for Fundamental Rights is not sufficient. Writs under Indian Constitutionįundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. A writ petition is an application filed before the competent Court requesting it to issue a specific writ. Orders, warrants, directions, summons etc. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. In modern times, this body is generally judicial. Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorised to do so.
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