Writ Petition of Habeas Corpus to High Court under Article 226 of
Constitution to release a person, Quash order and pay compensation.

Format of Writ Petition of Habeas Corpus to the High Court under Article 226
of the Constitution. 
Download Format.

The word habeas corpus literally means to have a body. A writ of habeas
corpus is in the nature of an order upon the person who has detained another to
produce the latter before the court, in order to let the court know on what
ground he has been confined and set him free if there is no legal justification
for the imprisonment.

Sample format of Writ of Habeas Corpus to High Court is given below. This is
only body of the Writ Petition. Please include other details also:

 

 

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
RESIDENT OF __________
THROUGH ____ S/O ___, AGED _____
YEAR AS NEXT FRIEND                                                       
PETITIONER

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.

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:-

 

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:
 

 

OTHER INFORMATION, DOCUMENTS TO BE INCLUDED WITH WRIT PETITION

1. Notice of motion

2. Urgent application

3. Court fee

4. Certificate

5. Synopsis & list of dates

6. Memo of parties

7. Annexure to the Petition

8. Application for exemption from filing certified copies, dim and small font
annexures with affidavit.

9. Vakalatnama on behalf of the petitioner.