Habeas Corpus Petition before Sessions Court

HABEAS CORPUS PETITION BEFORE THE SESSIONS JUDGE

IN THE SESSIONS COURT, district

From: petitioner_name, petitioner_address, CNIC No. petitioner_cnic

On behalf of: detained_person_name, detained_person_address, CNIC No. detained_person_cnic

To: The Honourable Sessions Judge, district

PETITION FOR HABEAS CORPUS UNDER SECTION 491 OF THE CODE OF CRIMINAL PROCEDURE, 1898

Respectfully submitted:

1. That detained_person_name is being unlawfully detained by detaining_authority at place_of_detention, and the petitioner seeks the production of the detained person before this Honourable Court for determining the legality and validity of such detention.

2. That detained_person_name is the relationship of the petitioner and is a law-abiding citizen of Pakistan.

3. That detailed_detention_facts which constitutes unlawful detention.

4. That detention_authority has no legal basis or justification for the detention of detained_person_name, and no case has been registered against him/her or the case registered is totally bereft of merit.

5. That the petitioner has been unable to establish contact with detained_person_name and has not been informed of the charges or grounds of detention.

6. That the detention violates detained_person_name's fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan and international law.

7. That habeas corpus is the appropriate remedy available to the petitioner to challenge the unlawful detention and to obtain the release of detained_person_name.

8. That no other adequate remedy is available to the petitioner, and this Honourable Court has the jurisdiction and power under Section 491 CrPC to issue directions for production of the detained person.

WHEREFORE

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Issue a direction to detaining_authority to produce detained_person_name before this Honourable Court to show cause for his/her detention;

(b) Call for the record relating to the detention of detained_person_name;

(c) Declare the detention of detained_person_name to be detention_status;

(d) Direct the immediate release of detained_person_name on personal recognisance; and

(e) Pass such further or other order as deemed just and proper under the circumstances.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ petitioner_name Petitioner Through: _____________________________ counsel_name Advocate