CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
Ravi's brother is held by the police for five days without being produced before a magistrate and without any legal order. Which remedy is directly designed to secure his release or production before the court?
Habeas corpus is the correct remedy. It directs the detaining authority to produce the detained person before the court and justify the detention, and the court can order release if it is unlawful. The other writs do not address illegal detention.
- AWrit of habeas corpusCorrect
- BWrit of certiorari
- CWrit of quo warranto
- DWrit of prohibition
Explanation
Habeas corpus means 'to have the body'. It requires the detaining authority to produce the person before the court and justify the detention, and the court can order release if the detention is unlawful. The other writs concern decisions, jurisdiction or public office, not personal liberty.
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