Habeas corpus writ for illegal detention,not paternity issue

  1. The Delhi High Court has held that a court is not entitled to examine the issue of paternity in a Habeas Corpus writ petition.
  2. This judgment came on a petition by a couple seeking issuance of a writ of Habeas Corpus for the production of a minor child who was in the custody of an NGO.
  3. However,the court dismissed the petition and said that it was outside the scope of habeas corpus jurisdiction.The court granted parents the liberty to file appropriate legal proceedings to seek declaration as parents and custody of the minor.
  4. Article 32 empowers the Supreme Court and Article 226 empowers the High Courts to issue writs to a person or authority including the government.
  5. The writs which can be issued are (a)habeas corpus (b)mandamus (c)prohibition (d)quo warranto and (e)certiorari.
  6. A Writ is a formal written order issued by the Court in the name of the sovereign power.Any warrant,orders,directions,and so on,issued by the Supreme Court or the High Court are called writs.
  7. Habeas corpus is a writ requiring a person under arrest to be brought before a judge or into court especially to secure the person’s release unless lawful grounds are shown for their detention.

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