Sarthak
in Labour Law
Asked August 28, 2013

filling a writ petition against a citizen

  • 2 Answers
  • 193 Views

Can a writ petition be filed against a citizen?

Answers 2

Default avatar
nirab

i don't know what is it in india, but in Nepal, the answer is a simple "No" .

Agree Comment 0 Agrees about 4 years ago

Default avatar
Aditya Marwah

The language of Article 226 is very wide. It states that a writ can be issued 'to any person or authority' and 'for enforcement of rights, conferred by Part III of the Constitution for any other purpose'. However, this language in Article 226 cannot be interpreted and understood literally. If we take the language literally it will follow that a writ can be issued to any private person or to settle even private disputes. If we interpret the words 'for any other purpose' literally it will mean that a writ issued for any purpose whatsoever, e.g. for deciding private disputes, for grant of divorce, succession certificate etc. Similarly, if we interpret the words, "to any person" literally it will mean that a writ can even be issued to private persons. However, this is not the correct interpretation.

What this means is that Article 226 is a writ that can ordinarily be issued to a person to whom writs were traditionally issued by British Courts on well-established principles. Similarly, the words, "for any other purpose" have to be interpreted in the narrower sense to mean that a writ can be issued for the purpose for which writs were traditionally issued by British Courts on well-established principles. In India, writ petition cannot be filed against a citizen.  Habeas Corpus which is a writ can only be issued against a public servant or public officer not for single person.

 

 

Agree Comment 0 Agrees about 4 years ago

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