Which one of the following is not applicable to a writ of Habeas

Which one of the following is not applicable to a writ of Habeas Corpus?

It is a powerful safeguard to citizens against arbitrary acts of the State

It can be invoked for the enforcement of Fundamental Rights

The writ may be addressed to any person, private or official, who has another person in his custody

It secures the release of a person who has been imprisoned by a court of law on a criminal charge

Answer is Right!

Answer is Wrong!

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UPSC Geoscientist – 2022

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A writ of Habeas Corpus is a legal remedy used to challenge the legality of detention or confinement. It secures the release of a person who has been unlawfully detained, but it is generally not applicable to secure the release of a person imprisoned by a court of law after a valid conviction on a criminal charge.

Habeas Corpus serves as a powerful safeguard against arbitrary state action (A) and can be invoked for the enforcement of Fundamental Rights, particularly Article 21 (Right to life and personal liberty) (B). The writ can be addressed to anyone, state authority or private person, who is holding someone in custody (C).

If a person is convicted and imprisoned by a competent court, the appropriate legal recourse is typically appeal or revision against the conviction, not Habeas Corpus, unless the conviction or the court’s jurisdiction itself is fundamentally flawed rendering the detention unlawful.

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