Q. In which of the following cases, the writ of habeas corpus is not issued?
1. Detention is outside the jurisdiction of the court.
2. When the martial law is imposed in a state.
3. When the proceeding is for contempt of a legislature or a court.
4. Where imprisonment is in accordance with a decision rendered by a court of law
Select the correct answer using the code given below:
Exp) Option d is the correct answer.
‘Habeas Corpus’ literally means “to have the body of ”. This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention. Habeas Corpus cannot be issued in the following cases: 1) When detention is lawful 2) When the proceeding is for contempt of a legislature or a court 3) Detention is by a competent court 4) Detention is outside the jurisdiction of the court.
The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus A writ of habeas corpus will not lie and will be refused by a court:
- where the person or authority against whom habeas corpus is sought is not within the territorial jurisdiction of the court.
- Where imprisonment or detention of a person is in accordance with a decision rendered by a court of law or by an authority in accordance with law.
