Question

The writ of Habeas Corpus can be issued against both public authorities as well as private individuals.
A. True
B. False

Answer 1

Hint: The Supreme Court under Article 32 and the High Court under Article 226 can issue the writs of habeas corpus, mandamus, certiorari, quo-warranto, and prohibition. Further, the Parliament can also empower any other court to issue these writs.

Complete answer:
These writs are borrowed from English law where they are known as ‘prerogative writs’. The writ jurisdiction of the Supreme Court is distinguished from that of the High Court in three ways. Firstly, the High Court can not only issue writs for the enforcement of the Fundamental Rights but also for any other purpose, whereas the Supreme Court can issue writs only for the enforcement of the Fundamental Rights. Thus, the writ jurisdiction of the Supreme Court is narrower in this respect than that of the High Court.
Secondly, the High Court can issue writs against a person or the government or authority only in its territorial jurisdiction and outside it only if the cause of action arises in its territorial jurisdiction whereas the Supreme Court can issue writs against a person or the government or authority throughout the territory of India. Thus, the territorial jurisdiction of the Supreme Court is wider than that of the High Court in this respect.
Thirdly, since Article 32 is itself a Fundamental Right, the Supreme Court can not deny exercising its writ jurisdiction whereas Article 226 is discretionary and hence the High Court may refuse to exercise its writ jurisdiction. Thus, the Supreme Court is constituted as the defender and the guarantor of the Fundamental Rights.

Thus, option (A) is correct.

Note: Habeas Corpus is a Latin term that literally means ‘to have the body of’. The writ of habeas corpus is issued by the court to a person who has detained another person, to produce the body of the latter before it. The Court subsequently examines the legality and cause of detention. It’d set the person free if it is found that the detention is illegal. This writ can be issued against both public and private individuals.