Principle: The writ of Habeas Corpus is issued to secure the release of a person who is detained unlawfully without legal justification.
Facts: A person is arrested by police and detained for 72 hours without being produced before a magistrate. Which writ is appropriate?
Answer and explanation
Correct answer: D. Habeas Corpus
- Step 1: Refer to Article 22(2) and Article 32 of the Constitution of India.
- Step 2: Every person arrested must be produced before the nearest magistrate within 24 hours, excluding journey time.
- Step 3: Detention beyond 24 hours without a magistrate authorization violates Article 21 and 22, making Habeas Corpus the direct remedy for release.
Answer
Habeas Corpus.
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