Question map
Which one of the following writs is issued by the Supreme Court to secure the freedom of a person upon unlawful arrest?
Explanation
The writ of Habeas Corpus, which literally means 'to have the body', is the primary legal remedy used by the Supreme Court (under Article 32) and High Courts (under Article 226) to secure the freedom of a person who has been unlawfully arrested or detained [3]. This writ acts as a safeguard for personal liberty by requiring the detaining authority to produce the individual before the court to examine the legality of the detention [2]. If the court finds no legal justification for the imprisonment, it orders the immediate release of the person [2]. While other writs like Mandamus command the performance of public duties and Certiorari quashes orders of inferior courts, Habeas Corpus specifically addresses arbitrary detention by either the State or private individuals [4]. It is considered the most vital writ for protecting the fundamental right to life and personal liberty [4].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
- [3] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO CONSTITUTIONAL REMEDIES > p. 41