Which of the following writs provides a remedy for a person who has been unlawfully held in prison?
- A.Certiorari
- B.Habeas Corpus
- C.Prohibition
- D.Mandamus
Show answer
Correct answer: B. Habeas Corpus
Explanation
The correct answer is Habeas Corpus, a Latin phrase meaning "to have the body of". Through this writ a court orders whoever is holding a person to produce that person before it and show the legal grounds for the detention. If the detention is found unlawful, the person is set free at once. It can be issued against public authorities and private individuals alike, and a petition can be filed by the detained person or by someone on their behalf. It is not issued where the detention is lawful, where it is for contempt of a legislature or a court, or where a competent court has ordered it.
The other three writs do different jobs. Certiorari transfers a case from a lower court or tribunal, or quashes an order it has already passed. Prohibition stops a lower court or tribunal from exceeding its jurisdiction while a case is pending. Mandamus, meaning "we command", orders a public official to perform a duty. Habeas Corpus is often called the strongest safeguard of personal liberty, because it puts the protections of Articles 21 and 22 into immediate effect.