JURISPRUDENCE
LAW404
How to draft Habeas Corpus
Submitted To – Mr. YATIN KATHURIA
Submitted By – BIJAY AGARWAL (A3221520172)
BBA LLB (H)
Section - C
How to draft Habeas Corpus
WRIT
The meaning of the word 'Writs' means command in writing in the name of the Court.
It is a legal document issued by the court that orders a person or entity to perform a
specific act or to cease performing a specific action or deed
Habeas Corpus Mandamus Certiorari Writ of Prohibition Quo Warranto
Supreme Court High Court
Article 32 Article 226
The word habeas corpus literally means to have the body. Habeas
Corpus is "a writ requiring a person under arrest of illegal detention to be
brought before a judge or into court, especially to secure the person's
release unless lawful grounds are shown for their detention".
How to draft Habeas Corpus
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. OF 2020
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
______ S/O ___________
AGED ABOUT ____ YEARS PETITIONER
RESIDENT OF __________
THROUGH ____ S/O ___, AGED _____
YEAR AS NEXT FRIEND
VERSUS
1. STATE GOVERNMENT
HOME DEPARTMENT
DELHI RESPONDENT NO. 1
2. DISTRICT MAGISTRATE
TEES HAZARI COURT
NEW DELHI RESPONDENT NO. 2
3. SUPERINTENDENT
TIHAR JAIL
NEW DELHI RESPONDENT NO. 3
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF HABEAS CORPUS
TO RESPONDENT NO. 1, 2 AND 3 THEREBY QUASHING THE
IMPUGNED ORDER AND DIRECTING THE RELEASE OF THE
PETITIONER AND GRANTING REASONABLE COMPENSATION TO THE
PETITIONER
To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Delhi.
The humble petition of the Petitioner above named.
How to draft Habeas Corpus
1. That the Petitioner is filing the present writ petition under article 226 of
the constitution of India praying inter alia for issuing writ of habeas corpus
to respondent no. 1, 2 and 3 thereby quashing the impugned order and
directing the release of the petitioner and granting reasonable
compensation to the petitioner.
2. That the petitioner resides in _________ and has been a law abiding citizen
of India.
3. That on ___day of____, the Petitioner was arrested and detained for a
period of 2 months in the Tihar Jail, New Delhi, wherein the Respondent No.
3 is the Superintendent, with an order passed by the Respondent No.1
dated ___under the National Security Act, 1980. A copy of the order by the
Respondent No. 1 has been annexed herewith as Annexure 1.
4. That, on the date of getting detained and arrested in the Tihar Jail. The
Petitioner was not informed about the grounds of his detention by
Respondent No. 3.
5. That after Ten days of getting arrested and detained, the Petitioner was
informed of his ground of arrest and detention.
6. The report of the ground of detention was furnished to the Petitioner in
English, which is not understood by the Petitioner.
7. The Petitioner's father is interested in the release of the Petitioner from
the detention.
8. That the Petitioners have no other efficacious remedy except to approach
this Hon'ble Court by way of this Petition under Article 226 of the
Constitution of India.
9. That the Petitioners have not filed any other petition or preceding in any
court or tribunal throughout the territory of India regarding the matter.
10. Therefore, the order by Respondent No. 1 dated______, is illegal,
arbitrary and with lack of jurisdiction because of the following grounds
given below:-
How to draft Habeas Corpus
GROUNDS
That the present Writ Petition is being filed on the following, amongst other,
grounds without prejudice to each other;
a. Because the grounds of detention were furnished to the Petitioner after
prolonged delay.
b. Because the Petitioner's detention is violative of Article 21 of the Indian
Constitution.
c. Because the grounds of detention of the Petitioner was given in English,
which is not comprehensible for the Petitioner.
d. Because he grounds of detention is very arbitrary and vague.
PRAYERS
In view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon'ble Court may be pleased to:-
a) Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing
the impugned order;
b) Issue an appropriate Writ Directing release of the Petitioner;
c) Issue appropriate Writ granting reasonable compensation to the
Petitioner;
d) Any other relief, order or direction this court may deem fit and proper
under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY
BOUND SHALL EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:
How to draft Habeas Corpus
