Consider the following statements about Habeas Corpus:
- (1) The writ of habeas corpus is mentioned in both Articles 32 and 226.
- (2) The primary objective of the writ is to secure the release of a person found to be detained illegally.
Which of the above statements is/are correct?
- ABoth (1) and (2)
- BOnly (1)
- COnly (2)
- DNone of the above
Show answer and explanation
Correct answer: (a) Both (1) and (2)
Explanation
Both statements are correct.
- The Supreme Court can issue writs, including habeas corpus, under Article 32, and the High Courts under Article 226.
- Habeas corpus ("to have the body") orders an authority holding a person to produce the person before the court. If the court finds the detention unlawful, it orders the person's release.
The other writs are mandamus, prohibition, certiorari and quo warranto.