MODEL DRAFT WRIT OF HABEAS CORPUS:
Problem: Aswin a journalist was illegally detained in the Musheerabad Central Jail under
Detention Laws. Draft a petition praying for Writ of Habeas Corpus.
IN THE HIGH COURT OF JUDICATURE AT AMARAVATHI
FOR THE STATE OF ANDHRA PRADESH
Writ Petition No 2018
In the matter of Aswin, S/o Kurma Rao, aged 30 years, Occ: Journalist, R/o Gandhi Nagar,
Amaravathi and in the matter of Article 226 of the Indian Constitution and the Preventive
Detention Act 1980.
Between:
Aswin,
S/o Kurma Rao,
Aged 30 years,
Occ:Journalist,
R/o Gandhi Nagar,
Vijayawada. …Petitioner
Versus
1. State of Andhra Pradesh, through Secretary,
Home Department, Amaravathi.
2. Commissioner of Police, Amaravathi.
3. Superintendent, Central Jail, Amaravathi. …… Respondents
To:
The honourable Chief Justice and His Companion Judges of the High Court of Judicature at
Amaravathi.
The petitioner most humbly and respectfully submits:
1. That the Petitioner is a peaceful and law abiding citizen and is working as a journalist.
2. That on 18-02-2015, the petitioner was arrested and put in Central Jail, Amaravathi.
3. That the grounds of arrest were not furnished to the petitioner at the time of his arrest.
The petitioner made repeated requests to the authorities.
4. That after repeated requests, on 10-03-2018 the petitioner was given the grounds that:
a) he along with his associates have been collecting and are likely to collect arms and
ammunition illegally for illegal purposes and illegal activities and
b) he made several public speeches and held several secret meetings trying to create
disaffection against the present government
A true copy of the order showing the grounds is annexed to this petition (Annexure-1)
5. That it was also informed in the said order that the Commissioner of Police, Amaravathi,
Respondent-2 that he made the said order basing on the intelligence reports.
6. That the petitioner's wife is interested in the liberty of the petitioner as his next friend.
7. That the petitioner submits that the detention of the petitioner is illegal on the following
grounds.
GROUNDS:
(a) That the petitioner was arrested on 18-02-2018. But on the same day he was not
furnished the grounds of his arrest Article 22 (1) provides that no person who is arrested
shall be detained in custody without being informed as soon as may be, of the grounds for
such arrest nor shall he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
(b) The petitioner was not allowed to consult his legal practitioner.
(c) The petitioner was not produced before the nearest magistrate within a period of 24 hours
of such arrest’.
(d) That repeated requests; on 10-03-2018 the grounds were given. The grounds given in the
order were vague and concocted, and are opposed to each other.
(e) That the first ground alleges that he along with his associates had been collecting and was
likely to collect arms and ammunition illegally for illegal purposes and illegal activities.
Surprised to note that up to now a single case was not booked against the petitioner that
he collected arms and ammunition nor he saw any arms or ammunition. Even at the time
of his arrest no arms or ammunition were seized from him or from his residence.
(f) The second ground alleges that he made several public speeches and held several secret
meetings trying to create disaffection against the present government. Giving public
speeches is not an offence. It is freedom given by the Constitution. The petitioner is a
journalist. He used to attend public meetings to collect the news for the papers. It is his
duty. But the police picturised it as he conducted meetings and created disaffection
against the present government. But no such speeches were given by the petitioner and
were not have been recorded by the police. If the petitioner made any such speech, the
police could have procured at least some of them. They have not produced any of such
evidences before the court. It clearly shows the attitude of the police.
(g) That the arrest was made basing upon the intelligence reports. No copy of the intelligence
report were furnished to the petitioner nor to the court. At least their details were not
supplied to him.
(h) The petitioner was not given any opportunities by the State Government to make his
representation against his arrest. It is the violation of his fundamental right under Article
22(5).
(i) The main reason for the detention of the petitioner is that the petitioner procured certain
evidences regarding the lock-up deaths and ill-treatment of police against the innocents
and got them published in the newspapers. This caused annoyance to the police. This is
the main reason why police created an order and arrested him under the preventive
detention.
(j) That there are no valid grounds for his arrest. Detention of a peaceful citizen that too a
journalist without valid grounds and without valid order, is violation of his fundamental
rights of liberty granted by Articles 21 & 19(1) of the Constitution.
The petitioner prays the Honourable High Court to issue Writ of Habeas Corpus against the
Respondents for production of the petitioner in this honourable Court and for his being set at
liberty forthwith and to quash the illegal order of detention.
Place: Amaravathi. Sd/-xx
Date: 20-03-2018 (Smt. Bhargavi)
Wife and Next friend of petitioner
Sd/- XXX
Advocate for the Petitioner.
IN THE HIGH COURT OF JUDICATURE AT AMARAVATHI
[Link].- /2018
Between:
Aswin,
S/o Kurma Rao,
Aged 30 years,
Occ:Journalist,
R/o Gandhi Nagar,
Amaravathi. …Petitioner
Versus
1. State of Andhra Pradesh, through Secretary,
Home Department, Amaravathi.
2. Commissioner of Police, Amaravathi.
3. Superintendent, Central Jail, Amaravathi. …… Respondents
AFFIDAVIT
I, Smt Bharagavi, W/o. Aswin, aged: 25 years, Occ House-hold, R/o Gandhinagar, Amaravath,
do hereby solemnly affirm and state on oath as follows:
1. That I am the wife and next friend of the petitioner Sri Aswin, S/o Kurma Rao, aged: 30
years, Occ: Journalist, R/o. Gandhinagar, Amaravathi, and am well acquainted with the
facts of the case.
2. That the facts mentioned from paras 1 to 5 and the grounds mentioned from a to j of the
accompanying writ petition are true to my personal knowledge.
3. The facts stated above are true and correct to the best of my knowledge and belief.
Sd/-xxx
Place: Amaravathi (Smt. Bhargavi)
Date: 20-03-2018 Deponent
Attestation: The deponent solemnly affirmed at Amaravathi on this the 20th day of March 2018.
She read the affidavit and admitted the contents to be true and correct, and signed on this
affidavit before me. Hence attested.
Sd/-xx
ATTESTING ADVOCATE
