IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICTION)
WRIT PETITION NO. OF 2007
IN THE MATTER OF:
An application under Article 102(2)(b)(i)[1] of the Constitution of the People’s Republic of Bangladesh.
-A N D-
IN THE MATTER OF:
A
Son of B
of Address.
……….. Petitioner
-Versus-
1. Government of the People’s Republic of Bangladesh represented by the Secretary, Home Affairs, Bangladesh Secretariat, P. S. Ramna, District-Dhaka
2. The District Magistrate/ Tribunal.
3. Jailer, Central Jail, Dhaka.
…………. Respondents
-A N D-
IN THE MATTER OF:
X
Son of Y
Address
………Detenu
A N D
IN THE MATTER OF:
Notice/Impugned Action/Order of Termination/ by the Respondent No. ______ on ____________ for ______________by/to/ the Petitioner under Section ________ of the ___________________ (Annexure- A).
To
Mr. Justice Md. Ruhul Amin, the Chief Justice of Bangladesh and his companion Justices of the Supreme Court of Bangladesh.
The humble petition of the Petitioner above named most respectfully.
S H E W E T H:
1. That the Petitioner, [and the detenu]_____________ of ________________, (“The Petitioner”) is a law abiding citizen and permanent resident of Bangladesh [and the petitioner is the ______of the detenu and on behalf of the detenu the petitioner begs to prefer this writ petition.] The address in of the petitioner in the cause title is correct.
2. That the Respondent No. 1 is the Government of Bangladesh represented by the Cabinet Secretary, respondent No.2 is the Secretary, Ministry _____________, Respondent No. 3 is ____________ represented by its _________, [function]. The addresses of the respondents provided in the cause title are corect.
3. [That on __________ the detenu was arrested by the police from his________, in connection with _______police station GD/PS case No. _________dated ____________ under section ______ CRPC. Thereafter, he was produced before the CMM, _______ with a forwarding report ________________ The detenu is in custody since _______.
4. That the CMM,________, respondent No. 3 passed order of detention against the detenu dated ________under section 3(2) SPA 1974 detaining the detenu for a period of ______days and the said order was served upon him dated ________and grounds of detention has been served upon him on_________.
The copy of the order and grounds of detention passed by respondent no.3 are annexed hereto and marked as Annexure-A & B.
5. That an extension order dated ________ was passed for a further period of 90 days.
The copy of the extension order dated ___________annexed hereto and marked as Annexure-C.
6. That the detenu has also been granted bail in the aforesaid ____________dated______________ of ____police station on _______.
The copy of the bail order dated ___________annexed hereto and marked as Annexure-D.
7. That it is submitted that the detention order and the grounds of detention is absolutely false and concocted.
8. That it is submitted that the grounds of detention served upon the detenu will not come within the purview of the Special Power Act 1974 and as such the detention is without lawful authority and is of no legal effect.
9. That it is humbly submitted that the grounds of detention is vague, unspecified and there is no specific evidence in support of the grounds.
10. That the detenu is a prominent and known person in the society.
11. That in the premises as aforesaid, there being no other efficacious remedy provided by law, the petitioner begs to move this writ petition before your lordship on the following amongst other:
G R O U N D S
(I) For that the detention order and the grounds of detention is absolutely false and concocted.
(II) For that the grounds of detention served upon the detenu will not come within the purview of section 2 (f) of the Special Power Act 1974 and as such the detention is without lawful authority and is of no legal effect.
(III) For that the grounds of detention is vague, unspecified and there is no specific evidence in support of the grounds.
Wherefore, it is most humbly prayed that your lordships would graciously be pleased:
a) To issue a Rule Nisi calling upon the Respondents to show cause as to why the detenu _________ should not be brought before this honorable court to satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
b) To make the Rule absolute upon hearing the parties;
c) to make an order directing the respondent to set the detenu at liberty;
d) And pass such other Order or Orders as to Honourable Court may deem fit and proper.
And for this act of kindness your Petitioner as in duty bound shall ever pray.
A F F I D A V I T
I, ___________________, Son of _____________________, of , _________ Dhaka, aged _ years, by Profession ________, by faith Muslim, by Nationality Bangladeshi by birth do hereby solemnly affirm and say as follows:
1. That I am the ________of detenu and petitioner of this writ petition and as such am acquainted with the facts and circumstances of this Writ Petition.
2. That the statements made above are true to my knowledge and those content in the rest of the petition are made by way of submission to this Honourable Court.
Prepared in my office
(____________)
Advocate
Solemnly affirmed by the said deponent on this the day of April__________ in the High Court premises, Dhaka, at about …….a.m./p.m.
Before me
Deponent
The deponent is known to me and identified by me before the Commissioner of Affidavit.
(_____________)
Advocate
COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION, DHAKA
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[1] (a)(i) Mandamus( do something) /prohibition (not to do)
(a)(ii) Certirari (Declaration)
(b)(i) Habeus Corpus
(b)(ii) Quo Warrento
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