INDUSTRIAL REVOLUTION
DECLINE OF FEUDALISM
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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that people cannot be held indefinitely in jail unless a King/Queen orders it
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that people cannot be held indefinitely in jail unless a court consents it
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that people cannot be held indefinitely in jail unless the Church request it
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that people cannot be held indefinitely in jail unless the person commits themselves.
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Detailed explanation-1: -A writ of habeas corpus is in the nature of an order upon the person who has detained another to produce the latter before the court, in order to let the court know on what ground he has been confined and set him free if there is no legal justification for the imprisonment.
Detailed explanation-2: -The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.” Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
Detailed explanation-3: -The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.
Detailed explanation-4: -However, Habeas corpus cannot be granted where a person has been arrested under an order from a competent court and when prima facie the order does not appear to be wholly illegal or without jurisdiction. This writ can be filed by the detained person himself or his relatives or friends on his behalf.
Detailed explanation-5: -ADM Jabalpur v. Shiv Kant Shukla case is also famously known as the Habeas Corpus Case. The decision in the Habeas Corpus case has been highly criticized for supporting the government rather than standing up for individual liberty.