ORDER XXIV

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART III ORDER XXIV APPLICATIONS FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS, HABEAS CORPUS 1 An application for a writ of habeas corpus shall be filed in the Registry and shall be accompanied by an affidavit by the person restrained, stating that .the application is made at his instance and setting out the nature and circumstances of the restraint. The application shall also state whether the applicant has moved the High Court for the same relief and, if so, with what result Provided that where the person restrained is unable owing to the restraint to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person which shall state the reason why the person restrained is unable to make the affidavit himself. 2. The application shall be heard by the full Court 3. If the Court is of opinion that a prima facie case for granting the application made out, a rule nisi shall be issued calling upon the person or persons against whom the order is sought to appear on a day to be named therein to show cause why such order should not be made and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law. 4. On the return day of such rule, or any day to which the hearing thereof may be adjourned. The Court shall, after hearing such parties as are present and wish to be heard, make such order as in the circumstances it considers to be just and proper. 5. In disposing of any such rule, the Court may in its discretion make such order for costs as it may consider just. MANDAMUS, PROHIBITION, CERTIORARI, QUO WARRANTO ETC. 6 Any other application for the enforcement of a fundamental right shall be filed in the Registry. It shall set out the name and description of the applicant, the relief sought and the grounds verifying the facts relied on, and at least six copies of the said application and affidavit shall be lodged in the Registry. It shall also state whether the applicant has moved the High Court for the same relief and, if so, with what result. The application shall be made by notice of motion, but the Registrar may in appropriate case put up the application before the Court for orders as to issue of notice. 7. Such application shall be heard by the full Court. Unless the Court otherwise directs, there shall be at least eight clear days between the service of the notice of motion and the day named therein for the hearing of the motion. 8 Copies of the said application and the affidavit in support thereof shall be served with the notice of motion, and every party to the proceeding shall supply to any other party, on demand and on payment of the proper charges, copies of any affidavit filed by him. 9. The notice shall be served on all persons directly affected and on such other persons as the Court may direct: Provided that on the hearing of any such motion, any person who desires to be heard in opposition to the motion and appears to the Court to be a proper person to be heard shall be heard, notwithstanding that he has not been served with notice of motion, and shall be liable to costs in the discretion of the Court. 10. The Court may in such proceedings impose such terms as to costs and giving of security as it thinks fit. 11. The provisions of Order XVII relating to petition shall, so far as may be applicable, apply to applications under this Order.