Practicing Success
Practicing Success
CUET Preparation Today
A certain Mr. Zee was intercepted & arrested because of engagement in questionable activities. The secret service further provided intelligence that Mr Zee is a dangerous link for prepared terrorist attacks on the Rashtrapati Mahal and the markets close by. When Mr. Zee was not presented before the magistrate even after 36 hours of arrest as the investigation was still continuing, he decided to file a writ of habeus corpus against the police authorities. Choose the most appropriate statement. (1) His petition will be maintainable as Rule of Law prevails over everyone. (2) His petition will be maintainable only if he is a citizen of India. (3) His petition will not be maintainable as he falls within the exceptions to Article 22 (4) His petition will be maintainable after providing him an advocate |
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| The safeguards of Article 22 do not apply to a person from an enemy country. Also, they do not apply to persons arrested or detained under preventive detention laws. In this question, it is not a case that the person so arrested belongs to an enemy country and that he was arrested under any preventive detention law. Thus, the police were required to produce him before the magistrate within 24 hours of arrest. Therefore, his writ petition will succeed. |
