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
IN THE HIGH COURT OF GUJARAT AT GUJARAT
PETITION (CRIMINAL) NO. OF 2022
IN THE MATTER OF:
Full Name Petitioner
Age : , Occupation :
GOVERNMENT OF NCT
OF GUJARAT &
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
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
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.