Procedure to File Habeas Corpus Petition
- What is a Habeas Corpus Petition?
- If any person was illegally detained by police, any person can file Habeas corpus petition for release of that illegally confined person.
- Is there any format for filing Complaint to Police.
- The procedure for filing Habeas Corpous Petition is same as filing Writ Petition
- This petition can be filed in any High Court or directly in the Supreme Court.
- In some cases, Telegrams addressed to Chief Justice of High Court are being treated as Habeas Corpus Petition.
- Filing Procedure:
- Submit representation addressed to Public Authority to perform their statutory duty.
- Verify whether the said grievance was solved by Public Authority or not ?
- If the Public authority ignorant in performing their statutory duty even after representation, they are liable to be subjected to 'Writ of Mandamus'.
- Fees for Haebious Petition is same as Writ petition - i.e. Rs.150/- for each respondent inclusive of all expenses.
- Habeas Corpus Petition are filed before the Division Benches in High Court. Division Bench means minimum two judges.
- Four sets of Petition + each copy for respondents have to be filed in the High Court.
- The format of Petition:
- Title....In the court of Hon'ble .....At...
Between:....Complainant
And
....Respondent-Surname, Name, Father/Husband/Mother Name, Age, Occupation, contact Adress
- Petitioner....Details of Petitioner and confirm that he know the facts and circumstances of the case and authorised to file this Affidavit.
- Respondent....Details of the Respondents and date and time of illegal custody of a person.
- Prayer....Prayer requesting for writ of Mandamus for release of person from illegal detention.