Q. Which of the following statements are correct with respect to the writ of habeas corpus?
1. It is used to secure a person who has been detained illegally.
2. It can be issued against both public authorities and private individuals.
3. It is not issued where the detention is outside the jurisdiction of the court.
4. It can be sought by any interested party and not necessarily by aggrieved person.
Select the correct option using the code given below:
Exp) Option a is the correct answer
Statement 1 is correct. Habeas Corpus is a Latin term which literally means ‘to have the body of ’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal.
Statement 2 is correct. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
Statement 3 is correct. The writ is not issued where the:
- detention is lawful
- 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
Statement 4 is incorrect. Supreme Court and High Courts can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Only in the case of Quowarranto, it can be sought by any interested party and not necessarily by the aggrieved person. In case of Habeas Corpus, it can be sought by aggrieved person or his family or his friends and not by any interested party.
