Context
The Supreme Court said one cannot question delay in a pending criminal appeal by filing a writ petition alleging violation of fundamental right.
The issue (petition)
Key-points made by the SC
There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the High Court) under Chapter-V thereof, confers power of superintendence on the Supreme Court over the High Courts. |
What are Writs?
Habeas corpus |
Considered to be among the most important writs for personal liberty, habeas corpus literally means to ‘produce the body‘. It is invoked to seek relief in cases where a person has been unlawfully detained. Individuals can file habeas corpus petitions if they believe they have been wrongfully imprisoned. |
Mandamus |
The writ of mandamus is issued by a higher court to a lower court or a government official or body, directing them to perform duties that they have refused to do. |
Certiorari |
A superior court issues a certiorari writ for re-examination of an action or decision by a lower court. It is invoked when a judgment has been delivered in violation of principles of natural justice or in opposition to the procedure established by law. |
Prohibition |
The writ of prohibition is to stop a lower court from going ahead with certain proceedings to ensure that it does not exceed its jurisdiction. |
Quo warranto |
This writ is issued to prevent people from assuming positions in public office when she or he is not entitled to it. |
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