Which of the following statements regarding Writ of Habeas Corpus issu...
The correct answer is option C, both 1 and 2.Explanation:
The Writ of Habeas Corpus is a legal recourse available to individuals to challenge the legality of their detention. It is considered as a bulwark of individual liberty against arbitrary detention. Let us understand the two statements mentioned in the question in detail:
Statement 1: This writ is a bulwark of individual liberty against arbitrary detention.
The Writ of Habeas Corpus is an important safeguard against unlawful and arbitrary detention. It ensures that an individual is not held in custody without sufficient legal justification. The writ is used to challenge the detention of a person and to demand that the detaining authority produce the detainee before a court and justify the grounds for detention. The judiciary plays a crucial role in upholding the fundamental rights of individuals and protecting them from any form of arbitrary detention. By issuing the Writ of Habeas Corpus, the judiciary ensures that the liberty of an individual is protected and that they are not unlawfully deprived of their freedom.
Statement 2: The writ of habeas corpus can be issued against both public authorities as well as private individuals.
The Writ of Habeas Corpus can be issued against any person or authority who has unlawfully detained an individual. It is not limited to public authorities but can also be used against private individuals. The objective of the writ is to safeguard the liberty of an individual, irrespective of whether the detaining authority is a public authority or a private individual. The writ can be filed in the appropriate court, and if the court finds that the detention is illegal or without proper justification, it can order the immediate release of the detainee.
In conclusion, both statements 1 and 2 are correct. The Writ of Habeas Corpus is indeed a bulwark of individual liberty against arbitrary detention, and it can be issued against both public authorities as well as private individuals. This writ provides an essential legal remedy for individuals to challenge unlawful detention and protects their fundamental rights.