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Q99 (CDS-II/2015) Polity & Governance › Judiciary › Judicial review Answer Verified

A writ of Habeas Corpus for the release of a person can be issued l.i where the arrest or detention has taken place in contravention of the procedure established by law 2. to secure the release of a person imprisoned on a criminal charge 3. where the arrest has taken place for contempt of Court or the Parliament Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: C
Explanation

The writ of Habeas Corpus is a judicial order issued to protect personal liberty against illegal detention [2]. Statement 1 is correct because the writ is specifically intended to set a person free if there is no legal justification for their imprisonment or if the detention contravenes the procedure established by law [2]. Statement 2 is incorrect because the writ cannot be issued if the person is imprisoned by a competent court on a criminal charge that is legally valid. Statement 3 is incorrect because the writ is not applicable where the detention is for contempt of a Court of record or the Parliament. Therefore, the writ is only available when the detention is unlawful, and it is actively denied in cases of valid criminal convictions or contempt proceedings [1].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 155
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 128
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