Why writ petition is so effective to get immediate relief from Supreme Court?

A writ is fundamentally a formal written order given by anyone with the authority to do so, whether they are executive or judicial. This body is often judicial in modern times. A formal written order issued by a court with the authority to do so is what can be considered as a writ. Writs are what we commonly refer to as orders, warrants, instructions, summonses, etc. A writ petition is an application made to the competent Court requesting the issuance of a specific writ.

The Indian Constitution's Part III lists fundamental rights such as the rights to equality, life, and liberty. It is insufficient to merely guarantee fundamental rights. The protection and enforcement of these Fundamental Rights is very crucial. According to Articles 32 and 226 of the Indian Constitution, anyone whose fundamental rights have been violated has the right to file a case with the Supreme Court or the High Court, respectively. The two articles also grant the nation's top courts the authority to issue writs to enact Fundamental Rights.

Literally, "to have a body of" is what "Habeas Corpus" means. This writ is intended to free someone who has been wrongfully arrested or incarcerated. By use of this writ, the Court orders that the person being held to be brought before it so that it can assess the validity of his custody. If the Court decides that the incarceration was illegal, it orders that the person be released right away. In certain cases, detention is unlawful.

•   The detention did not take place in accordance with the established procedure. When the person was arrested, for instance, he was not brought before a magistrate within 24 hours.

•   The man was detained even though he didn't break any laws.

•   A statute that is unconstitutional was used to make an arrest.

With the use of this writ, the prisoner's purported illegal imprisonment will be quickly reviewed by the courts, and his right to freedom will be determined right away. Habeas corpus, however, cannot be granted when a person has been detained pursuant to an order from a court with appropriate jurisdiction and when the order does not initially appear to be totally unlawful or without jurisdiction.

The person who is being detained may file this writ on his own behalf or on behalf of his family or friends. It may be used against both groups of people and the government.

•   In the case of Sunil Batra v. Delhi Administration (1980 AIR 1579), a co-convict wrote a letter to the Supreme Court requesting action against the mistreatment of the convicts. The Supreme Court took up this letter and issued the writ of habeas corpus, indicating that it might be used to prevent the prisoner from being unlawfully detained as well as to protect him from any abuse or inhumane treatment on the part of the detaining authorities.

•   The Supreme Court ruled in the case of Kanu Sanyal v. District Magistrate Darjeeling &Ors. (1974 AIR 510) that the legality of the detention should be examined by considering the facts and circumstances of the case rather than focusing on the definition of Habeas Corpus, which is to produce the body. This writ is a procedural writ, not a substantive writ, it was stated. The purpose and reach of the habeas corpus writ were issues in this case.

Any individual whose Fundamental Rights have been violated by the State is eligible to initiate a writ petition. Even if his personal Fundamental Right has not been violated, any public-spirited person may submit a writ petition under a Public Interest Litigation on behalf of the broader public.

A writ petition may be submitted to the Supreme Court under Article 32. Only if the petitioner can show that his Fundamental Right has been violated will the Supreme Court grant a writ. It is significant to remember that because it is included in Part III of the Constitution, the right to petition the Supreme Court in the event that a fundamental right has been violated is also a fundamental right in and of itself.

Indian citizens may file public interest litigation (PIL) if the Supreme Court decides to relax the locus standi requirement.Bonded laborers, inmates awaiting trial, victims of extrajudicial executions, etc. may receive remedy from the Supreme Court. Additionally, exemplary damages may be granted by the Supreme Court.

•   Trustworthy and confidential - We guarantee that all of your personal information and documents will be kept secret. We never reveal this information to anyone.

•   Expert Advice - The registration procedure necessitates the assistance of specialists who can advise you in India. 

•   Lawyers of the highest caliber - Lead India can assist you in selecting the finest writ attorneys to assist you. We work with a variety of associates; you may select a lawyer based on their practice area, experience, and user rating.

Lead India provides a range of legal services, including online resources and free legal advice. You can talk to a lawyer as soon as you have Lila. Ask a legal question for advice.