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Question

Which of the following is a writ or order that can be passed by the Supreme Court or the High Court to safeguard the rights of a citizen ?

A
Habeas Corpus
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B
Referendum
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C
Initiative
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D
Plebiscite
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Solution

The correct option is A Habeas Corpus

This writ is used to protect individual's liberty. It is issued when a person is detained illegally and wrongfully. This writ can be filed before the court by any individual or organization, not necessarily the aggrieved individual. This writ can be issued by the court both against the State and individual. Habeas Corpus literally means 'to have the body' i.e. physically producing the person whose detention is questioned before the court in order to enable the court to ascertain the grounds of detention. However, if all the material facts relating to the detention of the person are made available to the court, the court may not insist upon the physical production of detained person. When the court finds the detention illegal or unlawful, it will order the release of the person henceforth.


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