1) Which of the writs can been sought by the person aggrieved only and which ones by anyone interested? I found conflicting answers in Laxmikanth and some websites online.
ok, writs are for FR
so, which FR affects individuals and which affects a general population?
anybody?
All the writs can be filed by anybody who is affected
Right to speech, Individual
FRs like rights against untouchability, detention for individual
but, all 5 writs can give solution to both individuals and interested parties
so, interested group=affected party
sir! laxmikanth mentions that other than quo-warranto none of the other writs can be sought by anybody other than the person affected
but since habeaus corpus is for a person detained, i read online that even in this case someone else can seek a writ.
SC and HCs have many times made it clear that to seek a remedy va writ, 2 conditions shall be fulfilled.
1. All other remedies shall be exhausted.
2. The party's interest shall be shown to be affected.
only exception is: "quo warranto"
where anybody can file on anybody!
as this writ is preventive in nature.
means, even if the officer/public servant has not done anything wrong, still he MAY do if he is allowed to continue!
so haebus corpus also comes under the one where only aggrieved person can seek it?
Sir Regarding the Hebaous corpus who all can file it.. If a person of a family is detained... is it only the family who have to file..
No, anybody can file!!
if they can show that, they know the person and he has not died as per records.
other writs are curative in nature. Means they set right the mistake.
A lower court made a mistake of dealing with a case! So, the higher court stops the mistake!!
ok, writs are for FR
so, which FR affects individuals and which affects a general population?
anybody?
All the writs can be filed by anybody who is affected
Right to speech, Individual
FRs like rights against untouchability, detention for individual
but, all 5 writs can give solution to both individuals and interested parties
so, interested group=affected party
sir! laxmikanth mentions that other than quo-warranto none of the other writs can be sought by anybody other than the person affected
but since habeaus corpus is for a person detained, i read online that even in this case someone else can seek a writ.
SC and HCs have many times made it clear that to seek a remedy va writ, 2 conditions shall be fulfilled.
1. All other remedies shall be exhausted.
2. The party's interest shall be shown to be affected.
only exception is: "quo warranto"
where anybody can file on anybody!
as this writ is preventive in nature.
means, even if the officer/public servant has not done anything wrong, still he MAY do if he is allowed to continue!
so haebus corpus also comes under the one where only aggrieved person can seek it?
Sir Regarding the Hebaous corpus who all can file it.. If a person of a family is detained... is it only the family who have to file..
No, anybody can file!!
if they can show that, they know the person and he has not died as per records.
other writs are curative in nature. Means they set right the mistake.
A lower court made a mistake of dealing with a case! So, the higher court stops the mistake!!
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