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The writ of habeas corpus can be issued in which of the following cases?
1. When right to life and personal liberty of person is deprived
2. When detention is for contempt of legislature or court
Select the correct answer using the codes given below:
1 only
2 only
None of the above
All of the above
First is correct while second is incorrect. Habeas Corpus is a bulwark of individual liberty against arbitrary detention. 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. 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 (a) detention is lawful, (b) the proceeding is for contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the jurisdiction of the court.
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