Territorial jurisdiction in habeas corpus petitions depends on cause of action, not merely the petitioner's residence.

Article 226 territorial jurisdiction in a habeas corpus challenge turns on where a sufficient cause of action arises, not merely on the petitioner's residence. A relative's residence in Vidarbha by itself was treated as insufficient, while the place of detention was recognised as relevant to cause of action. The constitutional power under Article 226 was distinguished from local territorial rules under the Bombay Reorganisation Act and the Appellate Side Rules, which regulate exercise of jurisdiction but do not curtail that constitutional power. The preliminary objection was upheld, the Nagpur Bench was held to lack jurisdiction, and the matter was directed to be transmitted to the Bombay Bench.

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Issues: Whether the Bombay High Court at Nagpur had territorial jurisdiction under Article 226 to entertain a habeas corpus petition challenging a detention order, and whether the petitioner's residence in Vidarbha or the detenu's place of detention constituted a sufficient cause of action.

Analysis: The petition was founded on the petitioner's residence at Khamgaon, while the detention order was served at Bombay, the detenu was lodged in a Bombay jail, and the detaining authority was located in New Delhi. The constitutional scheme of Article 226 distinguishes between jurisdiction based on the seat of the authority and jurisdiction based on cause of action. The concept of cause of action was introduced by the Fifteenth Amendment, and territorial rules under the Bombay Reorganisation Act and the Appellate Side Rules regulate the exercise of jurisdiction but cannot curtail the constitutional power under Article 226. A relative's residence by itself does not constitute cause of action in a challenge to detention, whereas the place of detention does.

Conclusion: The preliminary objection was upheld. The Nagpur Bench lacked jurisdiction, and the matter was directed to be transmitted to the Bombay Bench.

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