Name the writ under which the court orders that the arrested person should be presented before it or can order to set free an arrested person if the manner or grounds of arrest are NOT lawful or satisfactory.

Correct option is B

Ans. (b) Habeas Corpus

Sol. The writ of Habeas Corpus is issued by a court to ensure that a person who has been detained or arrested is brought before the court. If the court finds that the arrest or detention is unlawful or lacks valid grounds, it can order the immediate release of the person. This writ serves as a safeguard against illegal detention and protects the fundamental right to personal liberty under Article 21 of the Indian Constitution.

Information Booster:

• Habeas Corpus literally means "you may have the body" in Latin.
• It is a fundamental right under Article 21, which guarantees protection of life and personal liberty.
• The writ can be filed by the arrested person or on their behalf by any concerned individual.
• It is used in cases of wrongful imprisonment, unlawful detention, or police custody without due process.
• The writ is applicable against both the state and private individuals who unlawfully detain someone.
• The Supreme Court and High Courts have the power to issue this writ under Article 32 and Article 226 of the Constitution, respectively.
• During an Emergency (Article 359), Habeas Corpus can be suspended, except when related to protection under Article 21.

Additional Information:

• Quo Warranto (a) – This writ is issued to challenge the legality of a person holding a public office if they are not legally entitled to do so.
• Mandamus (c) – A writ of Mandamus is issued by a court to compel a public authority or official to perform a duty that they have failed to fulfill.
• Certiorari (d) – This writ is used by a higher court to review or quash an order or decision of a lower court or tribunal if it has acted beyond its jurisdiction or violated principles of justice.