Frocedure
in applica-
8
for leave may in special circumstances make in the first instance an order of certiorari or prohibition, as the case may be.
Orders under section 4 of the Administration of justice
(Miscellaneous Provisions) Ordinance, 1953-
9. The procedure in applications for an order tion under under section 4 of the Administration of Justice (Mis- cellaneous Provisions) Ordinance, 1953, shall be the same as in applications for an order of mandamus, and rules 2, 4, 5 and 6 shall apply so far as applicable to such applications.
Ordinance No. 34 of 1953.
O. 59, r. 11.
Cuppollda- tion of applica- tions.
0.59, r. 13.
Application
for Habena Corpus ed subjicien-
0.52.1
r. 14.
Applica-
Linne ex parte in first instance and on affidavit
0, 59, . 15.
10. Where several applications under the said section 4 are pending against several persons in respect of the same offence, and all upon the same grounds, the applications may be consolidated by order of the court or judge.
Habeas Corpus.
11. An application for a writ of habeas corpus ad subjiciendum shall be made in the first instance to the Full Court or to a single judge in court, except that--
(a) in vacation or at any time when ao judge is sitting in court it may be made to a judge sitting otherwise than in court;
(b) in cases where the application is made on behalf of a child, it shall be made in the first instance to a judge sitting otherwise than in
court.
12. The application may be made as parte and shall be accompanied by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint:
Provided that where the person restrained is un- able owing to the restraint to make the affidavit the application shall be accompanied by an affidavit to
Power to order immediete issue of writ, etc. D. 59, r. 16.
Service.
0.59. r. 17.
Copies of affidavite 0.59. r. 18.
Power to order die- charge of
restained. 0.59, r. 19.
the like effect made by some other person which shal| state that the person restrained is unable to make the affidavit himself.
13. The court or judge to whom the application is made may make an order forthwith for the 'writ to issue, or may-
(a) in a case where the application is made to a judge sitting otherwise than in court, direct that a summons for the writ be issued, or that an application therefor be made by notice of motion to the Full Court or to a judge in court;
(b) in a case where the application is made to a judge in court, adjourn the application so that notice thereof may be given, or direct that an application be made by notice of motion to the Full Court;
(c) in a case where the application is made to the Full Court, adjourn the application so that notice thereof may be given.
14. The summons or notice of motion aforesaid shall be served on the person against whom the issue of the writ is sought and on such other persons as the court or judge may direct, and, unless the court or judge otherwise directs, there shall be at least eight clear days between the service of the suminions or notice and the date named therein for the hearing of the application.
16. Every party to the application shall supply on demand and on payment of the proper charges copies of the affidavits which he proposes to use at the hearing of the application.
18. On the bearing of the application the court or judge may, in its or his discretion, order that the person restrained be released, and the order shall be a sufficient warrant to any gaoler, constable or other person for the release of the person under restraint.