16. Consider following statements
i) The principle of locus standi’ is not necessary in case of an order issuing writ of Habeas corpus
ii) Habeas corpus can be issued against both public and private individual.
Choose the correct answer
16. Consider following statements
i) The principle of locus standi’ is not necessary in case of an order issuing writ of Habeas corpus
ii) Habeas corpus can be issued against both public and private individual.
Choose the correct answer
The correct option is C c) Both i and ii
C) Explanation:
Habeas Corpus is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention
Locus Standi means the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
Principle of locus standi’ – means that the writ can be sought by any interested person and not necessarily by the aggrieved person.
In case of Habeas corpus and Quo – Warranto, Locus standi is not necessary; whereas incase of Certiorari , Prohibition, Mandamus - Locus Standi is mandatory
• The writ of habeas corpus can be issued against both public authorities as well as private individuals
• It is not issued where the a. detention is lawful, b. the proceeding is for contempt of a legislature or a court, c. detention is by a competent court, and d. detention is outside the jurisdiction of the court.
• Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.
C)
Explanation:
Habeas Corpus is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention
Locus Standi means the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
Principle of locus standi’ – means that the writ can be sought by any interested person and not necessarily by the aggrieved person.
In case of Habeas corpus and Quo – Warranto, Locus standi is not necessary; whereas incase of Certiorari , Prohibition, Mandamus - Locus Standi is mandatory
• The writ of habeas corpus can be issued against both public authorities as well as private individuals
• It is not issued where the a. detention is lawful, b. the proceeding is for contempt of a legislature or a court, c. detention is by a competent court, and d. detention is outside the jurisdiction of the court.
• Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.
