Question

A judicial order calling upon the person who has detained another to produce the latter before the Court to let the Court know on what ground he has been confined and to set him free if there is no legal justificaton the imprisonment is:

• A. Mandamus
• B. Prohibition
• C. Quo Warrante
• D. Habeas Corpus

Answer 1

Answer:

D. Habeas Corpus

Writ of Habeas Corpus: A Cornerstone of Personal Liberty

• Meaning: The term 'Habeas Corpus' is a Latin phrase meaning 'to have the body'. It is a prerogative writ, which is a judicial order issued by a court to a detaining authority, commanding them to produce the detained person before the court.

• Purpose: The primary purpose of this writ is to safeguard individual liberty against arbitrary detention. It ensures that no person is imprisoned unlawfully, without a valid legal reason.

• Constitutional Basis in India:

  • Article 22 of the Indian Constitution provides the fundamental right against arbitrary arrest and detention, and the writ of Habeas Corpus is a crucial mechanism to enforce this right.

  • The Supreme Court (under Article 32) and High Courts (under Article 226) have the power to issue this writ.