A petition seeking a writ of Habeas Corpus under Article 226 is to issue a writ to an authority or person to produce in court a person who is either missing or kept in illegal custody. Where the detention is found to be without authority of law, the Court may order compensation to the person illegally detained.
Sample Format of Affidavit for Writ of Habeas Corpus in High Court under Article 226 of Constitution is as under. Please note that it is a sample format. Please check for actual format from the High Court in which you want to file the Petition.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. OF 20__
IN THE MATTER OF:
GOVERNMENT OF NCT OF DELHI & ORS RESPONDENTS
I, ___________________, S/O ___________________, aged _______, Occupation
_________________ Resident of ____________ do hereby solemnly affirm and state
as follows :-
1. I am the father of Petitioner and filing this Writ Petition on his behalf and I am well conversant with the facts of the present writ petition and hence, am competent to swear this affidavit.
2. That the Petitioner is detained in Tihar Jail and he is unable to make the affidavit himself.
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.
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. I have done whatsoever inquiry which was in my power to do, to collect all data which was available and which was relevant for this Hon'ble Court to entertain the present petition. I confirm that I have not concealed in the present petition any data/material/information which may have enabled this Hon'ble Court to form an opinion whether to entertain his petition or not and/or whether to grant any relief or not.
8. That the accompanying Petition has been drafted under my instructions and the contents thereof except the legal averments contained therein are true and correct based on my knowledge and belief. The legal averments contained therein are true and correct on the basis of legal advice received by me and believed by me to be true and correct. The contents of the Petition are not being repeated here for the sake of brevity and to avoid prolixity. The contents of the same may be read as a part of this Affidavit.
9. That no part of this Affidavit is false and no material facts have been concealed therefrom.
10. 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.
11. That the Petitioners have not filed any other petition or preceding in any court or tribunal throughout the territory of India regarding the matter.
12. That I have read and understood the content of Writ Petition. I have read and understood the contents of the accompanying synopsis & List of Dates at Pages ____ to ______, Writ Petition at Pages ___ to ____, Para ____ to ____, Grounds ____ to ____ and all accompanying Applications. I state that the facts therein are true and correct to the best of my knowledge and belief. I further state that the Annexures annexed to the Writ Petition are true copies of their respective originals.
Verified at New Delhi on this ___ day of _______ 20__ that the contents of my aforesaid affidavit are true and correct to my knowledge and belief. No part of it is false nor anything material has been concealed therefrom.
A writ of habeas corpus is issued to an authority or person to produce in court a person who is either missing or kept in illegal custody. Where the detention is found to be without authority of law, the Court may order compensation to the person illegally detained.
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme court by clause ( 2 ) of