Section 6 in Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India
6. [ [[Rule 6 substituted vide Notification No. 7103-G dated 18.11.1999. Earlier rule 6 stood as under:
'6. All applications for a Writ to the nature of Habeas Corpus shall be heard and disposed of at the Appellate Side and governed by Rules 29 to 42 of Chapter XI, Part-II of the Appellate Side Rules.']]- All applications for a Writ in the nature of Habeas Corpus shall be made before the Division Bench taking the criminal business of the Appellate Jurisdiction of the High Court and shall be governed by the following procedure:(i)Such application shall be made by Advocates and Attorneys may instruct such Advocates;(ii)Applications shall be made on petition duly verified by affidavit setting forth the circumstances under which the order is sought;(iii)Where the application is for an order that a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into such Court, it shall be stated where the prisoner is detained and for what purpose his evidence is required;(iv)Where an order under clause (3) of Section 475 of the Criminal Procedure Code, 1973 is required the Court martial or the Commissioners may send an application to this Court in writing and in such case an affidavit shall Not be required. The application shall be in the Form of a letter addressed to the Registrar stating the purpose for which the said Court martial has been assembled or the authority under which the Commissioners are acting, and also, stating where the prisoner is detained in custody and when, where, and for what purpose he is required to be produced. It shall be the duty of the Registrar to submit the letter, as soon as possible after receipt thereof, to, and to obtain the order thereon of the Judges presiding over the Criminal Appellate Bench of this Court;(v)Where the application is for an order that a prisoner within the limits of its Appellate Criminal Jurisdiction be removed from one custody to another for the purpose of trial, Notice of the application shall be served on the prisoner and it shall be stated in the affidavit where the prisoner is detained in custody to what other custody it is proposed to remove him and the reason for such change of custody;(vi)Where an application is for an order that the body of a defendant within such limits is brought in or the Sheriffs' return of cepi corpus to a writ of attachment, or the Sheriffs' return of cepi corpus to the warrant of arrest shall be produced.The officer having the custody of the Sheriffs' return shall cause the same to be produced before the Court on a requisition to him in writing;(vii)In any case in which the Court shall order a person in custody to be brought either before it, or before a Court martial, or before Commissioners, or to be removed from one custody to aNother, a warrant shall be prepared and signed by the Registrar, Appellate Side, and sealed with the seal of the Court;(viii)Such warrant where issued under Rule 33, shall be forwarded by the Registrar of the Appellate Side to the Officer in charge of the jail in which the prisoner is confined; in every other case the warrant shall be served personally upon the person to whom it is directed or otherwise as the Court shall direct;(ix)Where the application is to bring up before the Court a person in custody under a warrant to detain such person, a copy of the warrant under which' he is detained, obtained from an authenticated by the signature of the person in whose custody the applicant is, shall be produced to the Court, or it shall be shown by affidavit that it has been asked for and denied;(x)Where the Court is of opinion that a prima facie case for granting the application is made out, a rule nisi may be issued calling upon the person against whom the order is sought to appear on a day to be named therein to show cause why such order should Not be made and at the same time to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there is to be dealt with according to law;(xi)On the returnable day of such rule or on any day to which the hearing thereof may be adjourned where No cause is shown, or where cause is shown or where cause shown and disallowed, the Court shall pass an order that the person or persons improperly detained shall be set at liberty or delivered to the person entitled to his or their custody. Where cause is allowed the Rule shall be discharged;(xii)In disposing of any such rule the Court may in its discretion make an order for the payment by one side or the other of the costs of the rule;(xiii)The Forms of warrants No. 57 to 61 (Criminal) of Appendix II shall be followed.]
