Question

Which of the following writs is issued by the court in case of illegal detention of a person ?

• A. Habeas corpus
• B. Mandamus
• C. Certiorari
• D. Quo Warranto

Answer 1

Answer:

A. Habeas corpus

• The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.

  Facts about Habeas Corpus in India:

  • The Supreme Court or High Court can issue this writ against both private and public authorities.
  • Habeas Corpus can not be issued in the following cases:
    • When detention is lawful
    • When the proceeding is for contempt of a legislature or a court
    • Detention is by a competent court
    • Detention is outside the jurisdiction of the court