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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting an Affidavit for a Writ of Habeas Corpus Under Article 226 of the Constitution to Be Filed in a High Court:
Title and Parties: Begin with a clear title, stating your name as the petitioner and the person detained as the respondent. Specify that it's an affidavit in support of your writ petition for a writ of habeas corpus.
Introduction: Identify yourself, your relationship to the detainee, and briefly state the purpose of the affidavit.
Facts: Present a chronological and concise account of the circumstances leading to the detention, including the date, time, and place of detention, as well as any legal authority responsible.
Legal Grounds: Explain the legal grounds on which you are seeking the writ of habeas corpus, emphasizing the violation of the detainee's fundamental rights and the lack of legal justification for the detention.
Details of Detainee: Provide the personal details of the detainee, including their name, age, address, and any relevant medical conditions or vulnerabilities.
Evidence: If available, attach any supporting documents, such as detention orders, communications, or witness statements, that corroborate your claims.
Verification: Explicitly state that the contents of the affidavit are true and correct to the best of your knowledge, belief, and information.
Conclusion: Summarize the key points and reiterate your plea for the issuance of the writ of habeas corpus.
Signature: Sign the affidavit before a notary public or a competent authority, including your full name and date.
Common Mistakes to Avoid:
Providing false or inaccurate information.
Being vague or unclear in your statements.
Including irrelevant or unnecessary details.
Submitting an unverified affidavit.
Overly technical or complex language that is difficult to understand.
An affidavit is a crucial component of a habeas corpus petition as it provides the court with firsthand information about the detention. Ensure the accuracy and completeness of the affidavit and consult with legal counsel if necessary to meet procedural and substantive requirements.