WRIT OF HABEAS CORPUS
a writ ordering a prisoner to be brought before a judge
ஒருவரை சட்டத்திற்குப் புறம்பாக வேண்டுமென்றோ அல்லது தவறாகவோ காவல்துறையினர் தடுப்புக் காவலில்அ ல்லது சிறையில் அடைத்து வைத்திருப்பதாக கருதினால், அந்நபரை நீதிமன்றத்தில் கொண்டு வந்து நிறுத்துவதற்கு, நீதிமன்றத்தில் ஆட்கொணர்வு மனு சமர்ப்பிப்பதன் மூலம், அந்நபரின் தனி மனித உரிமை காக்கப்படுகிறது.
A _________ aged about _________ son of __________________., resident _________ Petitioner;
1. Additional Secretary, Ministry of Finance,
Government of_________.
2. The Superintendent, _________ Jail _________
3. The State of_________ Respondents.
The Hon’ble the Chief Justice and his companion Judges of the Court aforesaid.
The humble petition of the above named 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:
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.
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