HABEAS CORPUS
Application
In the High Court at………………………………………….
Constitutional Writ Jurisdiction No…………………….. of 19……………….
In the matter of:
An application under Article 226 of the Constitution of India.
AND
In the matter of:
A direction, order or orders and/or writ in the nature of Habeas Corpus and/ or any other appropriate writ or writs.
AND
In the matter of:
The impugned order of detention being order No……………………………… dated …………………………….. passed by………………………………………………………..
AND
In the matter of:
AB (Name, description and address)……….. Petitioner
versus
[1] The State of…………………………….. through the Chief Secretary, Govt. of………….. at…………………………
[2] The District Magistrate of……………………………..
[3] The Superintendent…………………………….. Jail………………….. at…………..
Respondents
To
The Hon’ble Mr……………………….. Chief Justice
and his Companion Justices of the Hon’ble Court.
The humble petition of the petitioner most respectfully Showeth,
[1] That your petitioner is citizen of India & his description.
[2] That your petitioner was arrested on………………………. by an order being order No……………………………… dated……………………………..
passed by the respondent No. 3 on…………………………….. at
…………………………….. and was put in the custody of the Respondent No. 2 in the Jail at………………………
[3] That the said order of detention dated……………. was passed under the…………………………….. Act for indulging/committing……………..
The order detention annexed marked ‘A’.
[4] That your petitioner was conveyed with the following grounds of detention under the said Act on……………. (Set out the grounds).
A copy of the grounds of detention is annexed and marked as Annexure ‘B’ to this petition.
[5] Made representation but went unheeded.
[6] Being aggrieved by and dissatisfied with the said perported order of detention and grounds of detention, your petitioner……………………… to move to your Lordships on the following amongst the other.
Grounds
[I]
[II]
[III] Set out the grounds
[IV]
[V]
[7] It is incumbent upon the Respondents to set your petitioner at liberty and unless orders as prayed for herein are made, your petitioner will suffer irremediable loss and liberty.
[8] Your petitioner has no other alternative and the reliefs claimed hereinbefore, if granted, will give complete and effective relief.
[9] The cause of action arises and the records of the case are lying within the jurisdiction of this Hon’ble Court.
[10] This application is made bona fide and in the interest of justice.
Your petitioner, therefore, humbly prays that your Lordships may please be issue—
(a) A writ in the nature of Habeas Corpus be issued commanding the Respondents for the production of the body of your petitioner in the Court and be set at liberty.
(b) Any other order or orders and/or direction as your Lordships may deem fit and proper.
And your petitioner as in duty bound, shall ever pray.