Question

A citizen of India is arrested and detained without trial. Which of the following writs should he invoke in the court to secure freedom?
a. Quo Warranto
b. Certiorari
c. Mandamus
d. Habeas Corpus

Answer 1

Hint:
A writ is a formal written order issued by an agency with administrative or judicial jurisdiction; this entity is usually a court in modern use. Warrants, prerogative writs, and subpoenas are typical ways of writing, but there are and have been many forms.

Complete solution:
 The Habeas Corpus should be invoked if a citizen of India is arrested and held without trial. It means getting the body.' The High Court or the Supreme Court may release any person's body by issuing such a writ if it has been illegally detained by any person or group of persons or by the State. Thus this letter is a perfect guarantee of a citizen's personal rights.

In all forms of illegal detention, the writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement" It is a summons with the power of a court order; it is addressed to the custodian and requests that an inmate be brought before the court, and that evidence of jurisdiction be submitted by the custodian, enabling the court to decide if the custodian has the right to detain the inmate.

Hence, the correct answer is option D.

Note:
There are also drawbacks to habeas corpus. This is legally just a legal remedy; it is a protection against any detention that is prohibited by statute, although it does not explicitly safeguard other rights, such as the right to a fair trial. It is a guarantee against any detention that is prohibited by law.