Nr ey ~ * vl’ $ ot 5 / in af ~~ ; p iw ~~ as a & Drafting, Pleading and Conveyancing Medha Kolhatkareading and Conveyancing ing, Pl . 326 Drafting, (Chaptg alt 1. Habeas Corpus Writ of Habeas Corpus means & judicial order oy the Supreme Cy 7 High Court by which a person who is con ne by public, private? | governmental agency may secure his release. It is in the form or an order Calin upon the person confining him, to let the court know the legal justification t foe | such detention, or to release him. The Writ of habeas corpus is available in every case of unlawful detention | Where the detention is by a private person, then the remedy is available only ig, ! the High Court. A person cannot be deprived of his liberty except by rocedue \ established by law (Article 21). | ‘A writ of Habeas Corpus is primarily designed to give a person restraint of pis | liberty, a speedy and effective remedy for having the legality of his detention enquired into, determined and if the detention is found to be unlawful, get him discharged and freed from such restraint. The Supreme Court has issued this writ even based on a postcard sent by a prisoner. While applying the principle of Res Judicata to a Habeas Corpus proceeding, the court will look at the previous decision only in regard to the pleas actually raised and decided, the principle of constructive Res judicata does not apply.’ 2. Writ of Mandamus The writ of mandamus is derived from the Latin word which means we command. It is a command being issued from a court of competent jurisdiction in the name of a state or officer, corporation or person requiring the performance of a particular duty. It is a high prerogative writ of the most extensive remedial nature. Its purpos¢ is to remove the defects of justice. It is issued so that justice may be done inall cases where there is a specific legal right and no specific legal remedy. The form of order of mandamus is usually a command directing the Respondent 10 act according to law or to refrain from acting contrary to law. 3. Writ of Prohibition Writ of Prohibition is issued to ensure that judicial tribunals and courts act within the limits of jurisdiction, A Writ of Prohibition is a writ by which the Supreme Court under Article 32, or the High Court under Article 226 issues an om cs directing an inferior court or tribunal forbidding it from continuing with t proceeding therein on the ground that the proceeding is without or in excess © jurisdiction or contrary to law of the land, statutory or otherwise.”Writ Petitions 327 got xi it of Quo Warranto ‘ We fhe object jong fly of the Writ of Quo Warranto is usurped an office from continui S tO prevent a person wh moter of he office to show to the ining in that office. The writ aie has Fi . urt, under " upon office: If the court decides that he is holding the Mappa he hols the stion illegally, it _sses the order of ouster. ore a citizen Cc ai il pee oa ton claim writ of Quo warranto, he must satisfy the court th te off is a public office and it is held by a usu h ‘| wee rper without legal 5, Writ of Certiorari urt requiring that the record of inferior court should the superior court. ‘a case where the ued by a superior col or matter pending before an i rt in order to be dealt with by is an error of law, or in Awrit of Certiorari may be iss the proceedings in some cause ie transferred to the superior cow his issued in a case where there principles of natural justice is violated. The object of Certiorari is t secure superior court that the jurisdiction of | 1 exercised, No writ of Certiorari can He against isuance of writ of Certiorari are for comrectié aa committed by the inferior court OF tribunal when it has actee: (i) Without jurisdiction, O° ts jurisdiction or jure? ard of Jaw oF rules of proce’ jure. reise of the authority of the ior court should be properly legislature. The reasons for errors of jurisdiction (ii) In excess of i (iii) In flagrant disreg! SPECIMEN specie? No. | pRUs OF HABEAS To: WRIT OF yDICAT UN ws IN THE HIGH COURTS No,” writ petitio® ——— under Articles -*