Petition for a Writ of Habeas Corpus by Shiva.

Petition for a Writ of Habeas Corpus

IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI

(Original Criminal Jurisdiction)

Writ Petition No. . . . . . . . . . of . . . . . . . . . . 20 . . . . . . . .

A . . . . . . . . . . . . aged about . . . . . . . . . . . . son of . . . . . . . . . . . . . . . . . . . . . ., resident . . . . . . . . . . . .                          Petitioner;

Versus

1.   Additional Secretary, Ministry of Finance,

Government of. . . . . . . . . . . .

2.   The Superintendent, . . . . . . . . . . . . Jail . . . . . .

3.   The State of. . . . . . . . . . . .                Respondents.

PETITION FOR THE ISSUE OF WRIT OF HABEAS

CORPUS UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA

To

The Hon’ble the Chief Justice and his companion Judges of the Court aforesaid.

The humble petition of the abovenamed Petitioner most respectfully sheweth:

1. That the petitioner is a resident of . . . . . . . . . . . . and he was living peacefully at his residence at the place aforesaid.

2. That on . . . . . . . . . . . . Respondent No. 1 made an order under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he directed that the Petitioner shall be arrested and detained for a period of three months. A copy of the order is annexed herewith as Annexure ‘‘A’’.

3. That the Petitioner was arrested the same day and was detained in . . . . . . . . . . Jail. The grounds of detention were not supplied to the petitioner on that day. The grounds were actually supplied on. . . . . . . . . . . . A copy of the grounds supplied is annexed herewith as Annexure ‘‘B’’.

4. That on . . . . . . . . . . . . the Petitioner submitted a representation against his detention through Respondent No. 2 but the same was considered by the Advisory Board after one month and was rejected on . . . . . . . . . . . . . . .

5. That the grounds of detention supplied to the Petitioner were in English which language the Petitioner does not know.

6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction on the following:

GROUNDS

1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, is unconstitutional and void as it is beyond the legislative competence of Parliament.

2. Because the order has been passed by an officer not duly authorised.

3. Because the grounds were supplied after undue delay.

4. Because the grounds are in English which language the Petitioner does not know and this has prevented him from making an effective representation.

5. Because the grounds are irrelevant to the object of the Act.

6. Because the grounds are vague.

7. Because there was undue delay in the disposal of the representation submitted by the petitioner.

Wherefore it is respectfully prayed that this Hon’ble Court may be pleased to issue a writ in the nature of Habeas Corpus to the opposite parties quashing the order of detention and directing that the Petitioner be set at liberty forthwith.

Date . . . . . . . . .                                               Advocate for the Petitioner.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.