Writ of Habeas Corpus

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.

IN THE HIGH COURT OF GUJARAT AT GUJARAT

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. OF 2022

IN THE MATTER OF:

Full Name Petitioner

Age : , Occupation :

Address : PETITIONER

VERSUS

GOVERNMENT OF NCT OF GUJARAT & ORS RESPONDENTS

AFFIDAVIT

I, (Petitioner Name), S/O (Petitioner Father Name), aged _______, Occupation _________________ Resident of (Petitioner Full Address) 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 ____ 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 ____ Jail, New Gujarat, 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 ___ 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 on 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 the 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.

DEPONENT

VERIFICATION:

Verified at Gujarat 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.

DEPONENT