A tribal woman of Rajasthan sends a telegram to the Supreme Court that the Police have kept her in unlawful custody. Which of the following writs should be issued by the Supreme Court to provide a suitable remedy to her?
A.Habeas Corpus
B.Mandamus
C.Certiorari
D.Quo Warranto
VerifiedHint: In a general sense, a writ is a formally composed order given by anyone, member of an executive, or judiciary. There are different types of writs in the Indian Constitution- Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Complete answer:
One of the 5 writs is Habeas Corpus, which means ‘ to have a body’. It declares that the Supreme Court or High Court of India has the capacity to have the body of any individual who is unlawfully imprisoned, or taken into custody without any legal procedure and to decide on the matter. It protects the personal freedom of an individual and punishes anyone who infringes this personal freedom.
Given, the tribal woman of Rajasthan is unlawfully detained, she has the right to inform the Supreme Court about the injustice, and then the court will issue the writ of Habeas Corpus. Unlawful custody without any set legal procedures is the very violation of one’s freedom. The woman can plead for her innocence and seek justice.
Other writs remain inapplicable here because mandamus is issued when a public official is failed to perform his duties, certiorari is issued by the higher court in authority to cancel the decision or transfer the case of the lower courts, prohibition is on the transgression of powers, and quo warranto against the entitlement of a person holding government office. All these writs do not serve any purpose for the tribal women against her unlawful custody.
Note: Any detainee, or someone else acting for their sake, may request the court, or an adjudicator, for a writ of habeas corpus. One explanation behind this writ where it can be proclaimed by an individual other than the detainee is that the prisoner may be held incommunicado.
