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    Haebus Corpus Writ

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    Harshita Sharma
    This document is a writ petition filed in the High Court of Delhi seeking a writ of habeas corpus. [1] The petitioner, a resident of Delhi, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and ordered to be arrested and detained for 3 months. [2] The grounds for detention were supplied after the date of arrest and detention and were in English, which the petitioner does not understand. [3] The petition argues that the detention order and act are unconstitutional and seeks an order quashing the detention order and directing the petitioner's release.

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    Haebus Corpus Writ

    Uploaded by

    Harshita Sharma
    2K views4 pages
    This document is a writ petition filed in the High Court of Delhi seeking a writ of habeas corpus. [1] The petitioner, a resident of Delhi, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and ordered to be arrested and detained for 3 months. [2] The grounds for detention were supplied after the date of arrest and detention and were in English, which the petitioner does not understand. [3] The petition argues that the detention order and act are unconstitutional and seeks an order quashing the detention order and directing the petitioner's release.

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    writ of haebus corpus

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    haebus corpus writ

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    This document is a writ petition filed in the High Court of Delhi seeking a writ of habeas corpus. [1] The petitioner, a resident of Delhi, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and ordered to be arrested and detained for 3 months. [2] The grounds for detention were supplied after the date of arrest and detention and were in English, which the petitioner does not understand. [3] The petition argues that the detention order and act are unconstitutional and seeks an order quashing the detention order and directing the petitioner's release.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views4 pages

    Haebus Corpus Writ

    Uploaded by

    Harshita Sharma
    This document is a writ petition filed in the High Court of Delhi seeking a writ of habeas corpus. [1] The petitioner, a resident of Delhi, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and ordered to be arrested and detained for 3 months. [2] The grounds for detention were supplied after the date of arrest and detention and were in English, which the petitioner does not understand. [3] The petition argues that the detention order and act are unconstitutional and seeks an order quashing the detention order and directing the petitioner's release.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The petitioner is challenging their detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and is requesting a writ of habeas corpus from the court to be released from detention.

    The petitioner is requesting that the court issue a writ of habeas corpus or other suitable writ under Article 226 of the Constitution of India to quash the order of detention and direct that the petitioner be set at liberty forthwith.

    The grounds cited for the detention being illegal are that the Act is unconstitutional, the order was passed by an unauthorized officer, the grounds were supplied after undue delay and in a language not known by the petitioner, the grounds are irrelevant to the Act's object and are vague, and there was undue delay in disposing of the petitioner's representation.

    IN THE HIGH COURT OF DELHI AT NEW DELHI

    (EXTRAORDINARY CRIMINAL WRIT JURISDICTION)


    Writ Petition (Criminal) No ..128. ... ... /2018

    IN THE MATTER OF :

    1. Smt. Sushma Mishra,


    W/o Sh. Santosh Mishra,
    Both R/o C-1/55, Sharma Colony,
    Budh Vihar Phase 2,
    Delhi-110086
    …………… PETITIONERS
    VERSUS
    1. Additional Secretary, Ministry of Finance,

    Government of India

    2. The Superintendent, Tihar Jail

    3. The State of Delhi NCT


    …………..RESPONDENTS
    A WRIT PETITION UNDER ARTICLE 226 OF
    CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF
    HABEAUS CORPUS UNDER THE CONSTITUTION OF
    INDIA.

    To.
    The Hon’ble Chief Justice and
    His Companion Justices of the High Court of Delhi,
    At New Delhi.
    THE PETITIONER ABOVENAMED MOST RESPECTFULLY SHOWETH:

    1.That the petitioner is a resident Of C-1/55, Sharma Colony, Budh


    Vihar Phase 2, Delhi-110086 and he was living peacefully at his
    residence at the place aforesaid.

    2. That on 2/1/18 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 1.

    3. That the Petitioner was arrested the same day and was detained
    in Tihar Jail. The grounds of detention were not supplied to the
    petitioner on that day. The grounds were actually supplied on
    2/3/18. A copy of the grounds supplied is annexed herewith as
    Annexure 2.

    4. That on 10/3/18 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 10/4/18.

    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鍛le 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.

    PRAYER

    The petitioner most humbly prays that this Hon’ble Court may

    graciously be pleased to:-


    a) Issue a writ of habeas Corpus or other suitable writ under

    Article 226 of the Constitution of India.

    b) Issue any other further order(s) or direction as this Hon’ble

    Court deem fit and appropriate on the facts and in the

    circumstances of this case.

    AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS

    IN DUTY BOUND SHALL EVER PRAY.

    Delhi.
    Dated: 20th April 2018
    Petitioners

    Through

    Dimple Gyamlani

    ADVOCATE

    VERIFICATION

    It is verified at New Delhi this day of October, 2018 that

    paras 1 to 3 of above writ petition under Article 226/227 of

    Constitution of India are true and correct to his knowledge and

    paras 4 to 6 are true to petitioner’s information received and

    believed to be true by him. Last para is prayer to this Hon’ble Court

    and nothing has been concealed therefrom.


    PETITIONERS

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