Sample Format and Draft for a Habeas Corpus Petition
(For Educational and Reference Purposes Only)
IN THE HIGH COURT OF [NAME OF STATE] AT [LOCATION]
Writ Petition (Habeas Corpus) No. [XXXX] of [Year]
In the Matter of:
Petitioner: [Full Name, Address, Contact Details, and Identity Proof]
Versus
Respondent: [Full Name, Designation, and Address of the Authority/Person Responsible for Detention]
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
(For Issuance of a Writ of Habeas Corpus)
To,
The Hon’ble Chief Justice and His/Her Companion Justices of the High Court of [State],
The Humble Petition of the Petitioner Above Named Most Respectfully Showeth:
1. Particulars of the Petitioner
- Name:
- Age:
- Occupation:
- Address:
- Identification Proof (e.g., Aadhaar, Passport, etc.):
2. Particulars of the Respondent
- Name:
- Designation:
- Address:
3. Jurisdiction of the Hon’ble Court
This Hon’ble Court has jurisdiction under Article 226 of the Constitution of India for issuing a Writ of Habeas Corpus as the detention/illegal custody of [name of the person detained] occurred within its territorial jurisdiction.
4. Facts Leading to the Petition
- Brief details of the detention/illegal custody, including dates and circumstances.
- The petitioner’s attempts to seek lawful remedies, including applications or requests to the relevant authorities.
- Reasons why the detention is deemed unlawful or unconstitutional.
5. Grounds for Filing the Petition
- Violation of Fundamental Rights under Articles 21 and 22 of the Constitution of India.
- Arbitrary action by the Respondent(s) contrary to principles of natural justice.
- Lack of adherence to proper procedures as mandated by law.
6. Reliefs Sought
The Petitioner humbly prays that this Hon’ble Court may be pleased to:
- Issue a writ of Habeas Corpus directing the Respondent(s) to produce [name of the detained person] before this Hon’ble Court and justify the detention.
- Order the immediate release of [name of the detained person].
- Grant any other relief(s) deemed fit and proper by this Hon’ble Court.
7. Interim Relief, if Any
Pending the final disposal of this petition, the Petitioner seeks an interim order directing the Respondent(s) to allow [specific request, e.g., visitation, medical attention, etc.].
8. Verification
I, [Petitioner’s Name], do hereby verify that the contents of this petition are true and correct to the best of my knowledge, belief, and information.
Place: [City]
Date: [DD/MM/YYYY]
Signature of the Petitioner
ANNEXURES
- Copy of Identification Proof of the Petitioner.
- Copies of Correspondence with Respondent(s).
- Affidavit in Support of the Petition.
- Any Other Relevant Documents.
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