Question

Mr. Anand has been illegally detained by the police, and his family has not been able to meet him. The family members have approached the High Court for help. Which writ will the court issue in this case?

• A. Habeas Corpus
• B. Quo Warranto
• C. Mandamus
• D. Certiorari

Hint:

Remember: \textbf{Habeas Corpus protects personal liberty}. It is issued when a person is unlawfully detained and the court orders the authority to present the detained person before it.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Indian Constitution empowers the Supreme Court (Article 32) and High Courts (Article 226) to issue writs to protect fundamental rights.
Step 2: Detailed Explanation:
- Habeas Corpus: Literally means "To have the body." It is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release them if such detention is found illegal.
- Quo Warranto: Asks a person by what authority they are holding a public office.
- Mandamus: An order to a lower court or public authority to perform a legal duty they have failed to perform.
- Certiorari: Issued to quash the order of a lower court or tribunal that has exceeded its jurisdiction.
Step 3: Final Answer:
Since Mr. Anand is illegally detained, the correct writ is Habeas Corpus.
Hence, the correct option is (A).