In case of arrest and detention without trial, a citizen of India can invoke which of the following writs in the Court to secure freedom?
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Quo Warranto
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Habeas Corpus
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Mandamus
-
Certiorari
B
Correct answer
Explanation
Habeas corpus - 'You must present the person in court' is a writ (legal action) which requires a person under arrest to be brought before a judge or into court. This ensures that a prisoner can be released from unlawful detention, in other words, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner's aid. The legal right to apply for a habeas corpus is also called by the same name. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.