Context -- A
three-judge bench held that ashiq hussain faktoo writ petition asking the court to reconsider, Its decision to award the life sentence merely on basis of his confessional statements ,under TADA was not maintainable.
Court's reply(SC) ~~ "The present writ petition under Article 32 of the Constitution by no stretch of reasoning , would fit into any of the permissible categories of post conviction exercises permissible in law"(HINDU).
Mr
jathmalani(appearing for faktoo) :::argued court to correct the wrong
done to faktoo as a matter of right
under the principle of ex debito justitiae.
After reading the real time supreme court judgement(as above), many questions perplexes our mind.I try to solve this riddle in most efficient and understandable way.The first question crosses our mind is what is a WRIT.
WHAT IS A WRIT??
Writ is nothing but a order issued by court that something must be done or to order a authority to do a specific act.
Simply speaking, WRIT is a order issued by court for the purpose of itself or for a authority to perform specific act.
After reading the above your mind starts to reason and want to delve into depth. Obviously you will start questioning ,then what is WRIT petition.Lets try to explain WRIT petition.
WHAT IS A WRIT PETITION??
A WRIT petition is a request to appellate court to grand immediate relief from the order of trail court.Granting of Writ petition is a rare sight since there are many hurdles to pass.
So, In the above case ashiq hussain faktoo filed a writ petition and court rejected his request.
Since in the above case court mentioned ARTICLE 32,for the answer to writ petition.We can infer that ARTICLE 32 of Indian Constitution provides insight into writ of supreme court.
Lets explain what is ARTICLE 32 of Indian Constitution.
According to ARTICLE 32 ,supreme court can issue writ only when fundamental rights are violated.
Supreme court according to ARTICLE 32 can issue 5 types of WRIT they are:
1)Habeas Corpus.
2)Mandamus.
3)Prohibition.
4)Certiorari.
5)Quo-Warranto.
Habeas Corpus.:::It is an order given by court to the person who has detained other person,to produce the body of latter before it.The purpose is to examine the cause and legality of detention.
Mandamus::::It is a command issued by the court to public officer asking to perform his official duty which he failed or refused to perform .
Prohibition::::It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it doesnot possess.
Certiorari::::It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
Quo-Warranto:::It is issued by the court to enquire into the legality of claim of a person to a public office.
After reading the real time supreme court judgement(as above), many questions perplexes our mind.I try to solve this riddle in most efficient and understandable way.The first question crosses our mind is what is a WRIT.
WHAT IS A WRIT??
Writ is nothing but a order issued by court that something must be done or to order a authority to do a specific act.
Simply speaking, WRIT is a order issued by court for the purpose of itself or for a authority to perform specific act.
After reading the above your mind starts to reason and want to delve into depth. Obviously you will start questioning ,then what is WRIT petition.Lets try to explain WRIT petition.
WHAT IS A WRIT PETITION??
A WRIT petition is a request to appellate court to grand immediate relief from the order of trail court.Granting of Writ petition is a rare sight since there are many hurdles to pass.
So, In the above case ashiq hussain faktoo filed a writ petition and court rejected his request.
Since in the above case court mentioned ARTICLE 32,for the answer to writ petition.We can infer that ARTICLE 32 of Indian Constitution provides insight into writ of supreme court.
Lets explain what is ARTICLE 32 of Indian Constitution.
According to ARTICLE 32 ,supreme court can issue writ only when fundamental rights are violated.
Supreme court according to ARTICLE 32 can issue 5 types of WRIT they are:
1)Habeas Corpus.
2)Mandamus.
3)Prohibition.
4)Certiorari.
5)Quo-Warranto.
Habeas Corpus.:::It is an order given by court to the person who has detained other person,to produce the body of latter before it.The purpose is to examine the cause and legality of detention.
Mandamus::::It is a command issued by the court to public officer asking to perform his official duty which he failed or refused to perform .
Prohibition::::It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it doesnot possess.
Certiorari::::It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
Quo-Warranto:::It is issued by the court to enquire into the legality of claim of a person to a public office.
- ,
No comments:
Post a Comment