Habeas Corpus

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. The writ was regarded in England as a foundation of
human freedom and British citizen insisted upon this privilege wherever he
went whether for business or colonization.In India the power to issue a writ of
habeas corpus is vested only in the Supreme Court and the High Court.

When Habeas Corpus May Lie

The writ of habeas corpus is available as a remedy in all cases of wrongful
deprivation of personal liberty. It is a process for securing the liberty of the
subjects by affording an effective means of immediate release from unlawful
or unjustifiable detention, whether in prison or in private custody. The
Constitution confers ample powers on the Supreme Court and all High Courts
in the matter of issue of a writ of habeas corpus.

The right to move the Supreme Court under Article 32 for the enforcement of
fundamental rights is itself a fundamental right, while the right to move a High
Court under Article 226, though not a fundamental right, is still a constitutional
right.
 WRIT OF HABEAS CORPUS
In the Hon'ble High Court of Judicature at Allahabad
(Lucknow Bench) Lucknow.
Writ Application No………. of 2020
Ram Naresh Verma, aged about …….years, son of Sri.... . . . .
resident of……………. (at present confined in the District Jail, Lucknow).
Petitioner
Versus
The State of Uttar Pradesh
Opposite Party
Petition under Article 226 of
the Constitution of India.

The petitioner named above most respectfully begs to submit as under :-

1. That the petitioner is a peaceful citizen of India and is practising lawyer at
Lucknow.
2. That on….(Date)…. .... at about 11.00 P. M the petitioner was called by the
Station Officer P. S. Hasanganj, Lucknow at his residence and was told to
accompany him to the Police Station for an urgent piece of work; and at the
Police Station he was locked in the police lock-up without being assigned any
reasons whatsoever.
3. That on (Date) at about 7.00 P. M. the petitioner was taken to the District
Jail Lucknow where he is at present confined.
4. That the petitioner sent a petition to the District Magistrate Lucknow on….
requesting him to let the petitioner know the cause and grounds of his arrest
but in vain. Neither any reason nor any grounds for the arrest have yet been
furnished to the petitioner.
5. That the detention of the petitioner is illegal ultra vires of the Constitution
andmala fide on the following amongst other :-
 Grounds
(i) Because no order of any Magistrate has been served upon the
petitioner by which the arrest has been made.
(ii) Because there exists no ground of arrest of the petitioner at all as
no grounds have been furnished to the petitioner in spite of the
demands made to the Station Officer, P. S. Hasanganj, Lucknow and
the District Magistrate, Lucknow.
(iii) Because in fact the petitioner was never produced physically before
any Magistrate at all.
(iv) Because the police of P. S. Hasanganj became enemical to the
petitioner when the petitioner was engaged as a defence counsel in
a murder case, State v. Khelawan and.others, which was being
prosecuted by the Hasanganj Police. The police became furious
enough when the accused were acquitted on....strictures were
passed against the Investigating Officer in the above-mentioned
case.
(v) Because the petitioner was threatened of serious consequences of
the acquittal of the aforesaid case by a police officer of the said
Police Station. The arrest of the petitioner appears to have been
made in context of the aforesaid acquittal of the case.

Prayer
Wherefore it is most respectfully prayed that the Hon'ble High
Court be pleased to issue a writ, order or direction in the nature of
Habeas Corpus to the opposite party directing that the petitioner,
who is illegally detained, may be set at liberty forthwith.

Petitioner

Through

Counsel

Place:

Dated: