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Which of the following statements is/are correct related to Habeas Corpus?
1. Habeas Corpus is issued to protect personal liberty of an individual against the arbitrary actions of the State only.
2. Habeas corpus relief may be used to obtain custody of a child.
Select the correct answer using the codes below:
1 only
2 only
Both 1 and 2
Neither 1 nor 2
? The concept of issuing writs is taken from UK. Habeas Corpus is issued to protect personal liberty of an individual against the arbitrary action of both the state and private individuals. (Hence statement 1 is incorrect) ? It is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. ? The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention. ? The writ of habeas corpus can be issued against both public authorities as well as private individuals. The writ, on the other hand, is not issued where the: o Detention is lawful. o The proceeding is for contempt of a legislature or a court. o Detention is by a competent court. o Detention is outside the jurisdiction of the court. ? A writ of habeas corpus is a court order that requires that the person or agency who has unlawful custody of a child to return the child to the person who has lawful custody. The writ could be directed at a parent who has lawfully or unlawfully taken the child and refused to return the child, at an agency who wrongfully removed the child from the custody of the parent, or at any other person who is keeping the child from the person with lawful custody. (Hence statement 2 is correct)
By: Parvesh Mehta ProfileResourcesReport error
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