The writ by which a High Court or the Supreme Court can secure the body of a person who has been imprisoned to be brought before it is

The correct answer is Habeas Corpus.

Key Points

• Habeas Corpus, meaning "that you have the body" in Latin, is a writ issued by a High Court or the Supreme Court.
• This writ commands a person who has detained another to bring the detained person before the court.
• The purpose is for the court to examine the legality of the detention.
• It serves as a fundamental safeguard against unlawful detention.
• Habeas Corpus ensures that no person is deprived of their personal liberty without proper legal procedures.
• The power to issue this writ is granted to High Courts under Article of the Constitution.
• The Supreme Court also has the power to issue this writ under Article of the Constitution.
• This makes Habeas Corpus a crucial legal remedy for protecting individual freedom in India.

Additional Information

• Certiorari
  • Certiorari, a Latin term meaning "to be certified" or "to be informed," is a different type of writ.
  • It is issued by a superior court to an inferior court or tribunal.
  • This writ calls for the records of a specific case to be reviewed.
  • The review is conducted for errors of law or jurisdiction.
  • The aim of certiorari is to ensure lower courts and quasi-judicial bodies do not exceed their authority or violate natural justice principles.
  • Unlike habeas corpus, certiorari focuses on the legality and procedural correctness of a decision already made.
  • It does not directly address unlawful detention of a person.
• Mandamus
  • Mandamus, from Latin meaning "we command," is another distinct judicial writ.
  • A superior court issues this writ to compel a public authority, government body, corporation, or inferior court.
  • The purpose is to force the performance of a public duty that has been failed or refused.
  • Mandamus seeks to enforce legal obligations and ensure public bodies act according to the law.
  • It differs from habeas corpus, which is about individual liberty.
  • It also differs from certiorari, which reviews past decisions.
  • Mandamus is about compelling action, not reviewing past decisions or securing release.
• Quo Warranto
  • Quo Warranto, a Latin phrase meaning "by what authority?", is yet another type of writ.
  • A court issues this writ to inquire into the legality of a person's claim to hold a public office or franchise.
  • The purpose is to prevent the illegal assumption of public offices.
  • It ensures that only legally entitled individuals hold such positions.
  • If the court finds the person is not entitled, it can order them to vacate the office.
  • This writ is different from habeas corpus, which concerns unlawful detention.
  • It is also different from certiorari, which reviews judicial or quasi-judicial decisions.
  • And it differs from mandamus, which compels the performance of a public duty.
  • Quo warranto specifically focuses on the legitimacy of holding a public office.