CONSTITUTIONAL LAW-II PSDA

WRIT OF HABEAS CORPUS

Submitted by– PRACHI RANA

Enrolment No. -14017703822
Semester & Section – 3C

Submitted to

DR. DEEPA KAUSHIK

Vivekananda School of Law and Legal Studies VIVEKANANDA
INSTITUTE OF PROFESSIONAL STUDIES

Pitampura, Delhi-110034 2021

 WRIT OF HABEAS CORPUS
In the High Court of Judicature at Allahabad
Writ Petition No. 2022 Under Article 226 of the Constitution of
India

1. Aniruddh Singh s/o Pradeep Singh aged about years, resident of Village Rampura
Tehsil Moth, District Lucknow through Kishnu Sharma s/o Ramkumar Sharma, aged
27 year as next friend.
......PETITIONER
VERSUS

1. State Government, Home Department, Uttar Pradesh

2. District Magistrate, Lucknow

3. Superintendent, Lucknow Jail, Lucknow

......RESPONDENTS

To The Hon’ble Chief Justice and His Companion Judges of the aforesaid Court. The
humble petition of the Petitioner above named respectfully shown:

1. That the petitioner resides in Rampura village (Lucknow) and has been a law-
abiding citizen of India. The petitioner is filing the present writ
petition under Article 226 of the constitution of India praying inter alia
for issuing a writ of habeas corpus to respondents no. 1, 2, and 3.

a. The grounds of detention were furnished to the Petitioner after

prolonged delay.

b. The Petitioner’s detention is violative of Article 21 of the Indian Constitution.

c. The grounds of detention of the Petitioner was given in English, which is

not comprehensible for the Petitioner.

d. The grounds of detention is very arbitrary and vague.

2. That on 4 April day of Monday, the Petitioner was arrested and detained for a
period of 3 months in the Lucknow District Jail, wherein the Respondent No. 3 is
the Superintendent, with an order passed by the Respondent No.1 dated April 2,
2022 under the National Security Act, 1980.

3. That, on the date of getting detained and arrested in the Lucknow Jail. The
Petitioner was not informed about the grounds of his detention by Respondent No.
3

4. That after seven days of getting arrested and detained, the Petitioner was
informed of his ground of arrest and detention.

5. The report of the ground of detention was furnished to the Petitioner in English,
which is not understood by the Petitioner.

6. The Petitioner's father is interested in the release of the Petitioner from

the detention.

7. Therefore, the order by Respondent No. 1 dated April 2, 2022, is illegal, arbitrary,
and lacks jurisdiction because of the following grounds given below:-

8. That the petitioners had no efficacious remedy except to approach this

Hon’ble court under this petition under Article 226 of the Indian constitution.

9.That the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter.

10. It is incumbent upon the Respondents to set your petitioner at liberty and unless
orders, as prayed for herein, are made, your petitioner will suffer irremediable loss
and liberty.

11. The petitioner has no other alternative and the reliefs claimed herein before if
granted, will give complete and effective relief.

12. The cause of action arises and the records of the case are lying within the
jurisdiction of this hon’ble court.

13. The application is made bona fide and is in the interest of justice.
In view, thereof the petitioner above named humbly and most respectfully prays that
your Lordships may please be that

1. A writ in the nature of Habeas Corpus be issued commanding the Respondents for
the production of the body of your petitioner in the court and set at liberty.

2. Any other order or orders and/or directions as your Lordships may deem fit and
proper.

3. Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing

the impugned order;

And petitioner as in duty bound shall ever pray.

Date: April 10, 2022