Q. The writ of "Habeas Corpus" can be issued in which of the following events ?
Answer: to seek relief from the unlawful detention of a person
Notes: Habeas Corpus literally means ‘to have the body of’. Via this writ, the court can cause any person who has been detained or imprisoned to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. Such a writ can be issued in following example cases:
- When the person is detained and not produced before the magistrate within 24 hours
- When the person is arrested without any violation of a law.
- When a person is arrested under a law which is unconstitutional
- When detention is done to harm the person or is malafide.
Thus, Habeas corpus writ is called bulwark of individual liberty against arbitrary detention. A general rule of filing the petition is that a person whose right has been infringed must file a petition. But Habeas corpus is an exception and anybody on behalf of the detainee can file a petition. Habeas corpus writ is applicable to preventive detention also. This writ can be issued against both public authorities as well as individuals.
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