Habeas Corpus

Table of Contents

Context

The Supreme Court has closed habeas corpus proceedings against Isha Foundation.

It means ‘to have the body of’ e. to present an arrested or detained person before the court.
Applicability: It can be issued against both public authorities as well as private individuals.
Cases where it doesn’t apply:
- Where the detention is lawful
- The proceeding is for contempt of a legislature or a court
- Detention is by a competent court, and Detention is outside the jurisdiction of the court.
Application of Habeas Corpus can be made by the prisoner himself or another person acting on his or her behalf.

Mandamus: It means ‘we command’. It is used to impose a mandatory legal duty.
Certiorari: It means ‘to forbid’. It is issued by a higher court to prevent a lower court from exceeding its Jurisdiction.
Prohibition: It means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
Quo-Warranto: It means by what authority or warrant. It is issued by the court to enquire into the legality of claim of a person to a public office.