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TYPES OF WRITS (i) Writ of Habeas Corpus, (ii) Writ of Mandamus, (iii) Writ of Certiorari, (iv) Writ of Prohibition, (v) Writ of Quo-Warranto,
Writ of Habeas Corpus: It is the most valuable writ for personal liberty. Habeas Corpus means, "Let us have the body." A person, when arrested, can move the Court for the issue of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been detained lawfully or otherwise. If the Court is convinced that the person is illegally detained, it can issue orders for his release. A writ of habeas corpus derived from Latin word means "you may have the body" is a writ (court order) that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner's aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. It has been extended to non-police authorities, as in the 1898 Queen's Bench case of Ex Parte Dorothy Hopkins, which has successfully been utilized more recently in India to liberate a woman from a madrasa.
The general rule is that an application can be made by a person who is illegally detained. but in certain cases an application of habeas corpus can be made by any person on behalf of the prisoner, ie, a Friend or a Relatives. A writ of habeas corpus, also known as the "great writ", is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Habeas corpus has certain limitations. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial.
When it will lie
The writ of habeas corpus will lie if the power of detention vested in an authority was exercised mala fide and is made in collateral or ulterior purposes. but if the detention is justified the high court will not grant the writ of habeas corpus. In Sunil Bhatra V/S Delhi Administration[1] it has been held that the writ of habeas corpus can be issued not only for releasing a person from illegal detention but also for protecting prisoners from the inhuman and barbarous treatment. the dynamic role of judicial remedies imports to the habeas corpus writ a versatile vitality and operational utility as bastion of liberty even within jails. In Veena Sethi V/S State Of Bihar[2] In this case it was held that the court was informed through a letter that some prisoners, who were insane at the time of trial but subsequently declared sane, were not released due to inaction of state authorities and had to remain in jails from 20 to 30 years. the court directed they be released forthwith. In D.S Nakara v/s Union of India[3] in this case it was held that a registered societies, non-political, non-profit making and voluntary organizations are entitled to file a writ petition ie, habeas corpus under article 32 of the constitution for espousing the cause for the large number of old infirm pensioners who are unable to approach the court individually. We command you, that the body of A.B. in Our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatever name the said A.B. may be known therein, you have at our Court ... to undergo and to receive that which our Court shall then and there consider and order in that behalf. Hereof in no way fail, at your peril. And have you then there this writ. The habeas writ was used in the Rajan case, a student victim of torture in local police custody during the nationwide Emergency in India in 1976.On 12th March 2014, Subrata Roy's counsel approached the Chief Justice moving a habeas corpus petition. It was also filed by Panthers Party to protest the imprisonment of Anna Hazare, a social activist.
