Habeas Corpus Writ Petition Format under Article 226

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL WRIT JURISDICTION

WRIT PETITION (CRIMINAL) NO. ____ OF 20__

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

VERSUS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING A WRIT OF HABEAS CORPUS AND APPROPRIATE CONSEQUENTIAL RELIEF

To,
The Hon'ble Chief Justice and His/Her Companion Judges
of the High Court of Delhi at New Delhi.

The humble petition of the Petitioner above named

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present petition under Article 226 of the Constitution of India seeking issuance of a writ of habeas corpus in respect of the detention of __________ and seeking such consequential relief, including release and compensation where maintainable in law, as this Hon'ble Court may deem just and proper.
2. That the Petitioner / detenue resides at __________________ and is a citizen / resident of __________________. The facts giving rise to the present petition fall within the territorial jurisdiction of this Hon'ble Court.
3. That on ___ / ___ / 20__, the detenue was arrested / taken into custody / detained and is presently confined at __________________. The detention is stated to be pursuant to an order dated ___ / ___ / 20__ passed by __________________ under Section ____ of the __________________ Act. A copy of the detention order, if available, is annexed as Annexure P-1.
4. That at the time of detention, the detenue was not informed, in a constitutionally and statutorily sufficient manner, of the grounds necessary to enable an effective challenge / representation against the detention.
5. That the grounds of detention were communicated on ___ / ___ / 20__, i.e. after a period of ____ days from the date of detention. If the detention is under the National Security Act, 1980, the legality of such delay is required to be tested against Section 8 of the Act, which ordinarily requires communication within five days and permits a period up to fifteen days only in exceptional circumstances for reasons recorded in writing.
6. That the grounds / relied-upon material were supplied in __________ language, whereas the detenue understands __________ language. The detenue was therefore unable to understand the material sufficiently to make an effective representation. [Use only where factually correct.]
7. That the Petitioner / next friend is genuinely interested in securing the liberty of the detenue and has no adverse interest against the detenue.
8. That the detention violates the guarantees of personal liberty and the constitutional safeguards applicable to detention, including Articles 21 and 22 of the Constitution of India, for the reasons stated in this petition.
9. That the Petitioner has no equally efficacious remedy for securing immediate judicial scrutiny of the alleged unlawful detention except to invoke the extraordinary writ jurisdiction of this Hon'ble Court.
10. That no other petition seeking substantially the same relief has been filed before this Hon'ble Court or the Hon'ble Supreme Court of India, except as specifically disclosed here: __________________. Copies of any previous or simultaneous proceedings and orders shall be annexed where required by the applicable rules.

GROUNDS

The present petition is being filed, inter alia, on the following grounds, each without prejudice to the others:

1. Because the detention is without authority of law / is not in accordance with the procedure established by law and therefore infringes Article 21 of the Constitution of India.
2. Because the grounds of detention were not communicated within the constitutionally and statutorily permissible period, thereby impairing the detenue's right to make an effective representation.
3. Because where Section 8 of the National Security Act, 1980 applies, any communication beyond five days requires exceptional circumstances and reasons recorded in writing, and the legality of the detention must be examined accordingly.
4. Because the grounds and relied-upon documents were not supplied in a language understood by the detenue / were otherwise not effectively communicated, thereby frustrating the right of representation. [Use only if supported by facts.]
5. Because the grounds of detention are vague, irrelevant, stale, non-existent, or insufficient to support the subjective satisfaction required by the governing preventive-detention law. [Adapt to facts.]
6. Because mandatory constitutional or statutory safeguards, including consideration of the detenue's representation and other time-bound requirements where applicable, have not been complied with. [Identify the exact breach and supporting dates.]
7. Because continued detention after the legal authority for detention has expired, ceased or been invalidated is unlawful and warrants immediate release.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

1. issue a writ of habeas corpus directing the Respondents to produce the detenue before this Hon'ble Court and justify the authority for the detention;
2. quash / set aside the impugned detention order dated ___ / ___ / 20__, where legally warranted;
3. direct the immediate release of the detenue if the detention is found illegal or without lawful authority;
4. award appropriate compensation for unlawful detention where such public-law compensation is legally maintainable on the facts of the case;
5. pass appropriate interim directions for production, access to counsel / family, medical examination, preservation of records or any other urgent protection warranted by the facts; and
6. pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

(________________________)
ADVOCATE FOR THE PETITIONER

Drawn on: ___ / ___ / 20__
Drawn by: __________________
New Delhi
Filed on: ___ / ___ / 20__