Legal Formats

HABEUS CORPUS WRIT PETITION UNDER ARTICLE 32 FORMAT

(HABEUS CORPUS WRIT PETITION UNDER ARTICLE 32 FORMAT)

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL ) NO ________/2024

IN THE MATTER OF :

DINESH  KASHYAP                                                        ………….PETITIONER

VS

STATE OF BIHAR   & ORS                                          …………..RESPONDENTS

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF HABEUS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER(S) OR DIRECTION(S)

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION HON’BLE JUSTICES

OF THE SUPREME COURT

                                                                                                THE HUMBLE PETITION OF THE   

                                                                                 PETITIONER MOST HUMBLY SHOWETH:

  1. That this Petition is being filed under Article 32 of Constitution of India seeking direction to the Respondents to produce Ramesh Kashyap before this Hon’ble Court  and  his immediate release.

    FACTS OF THE CASE

    2. Sh.  the Petitioner is father of  Ramesh Kashyap who has been detained under National Security Act, 1980 and languishing in detention since last eight months.

    3. The Ramesh Kashyap  runs a you tube channel and reports about various developmental programs of the State Government.

    4. That many of reports of  Ramesh Kashyap has  exposed corruption in the developmental projects carried out by State Government.

    5. That  you tube channel run by Ramesh Kashyap was gaining popularity and  was being watched by millions of people causing concern among present political party in rule.

    6. That on xxxx Ramesh Kashyap was going to report about  bridge over river Ganga. The said bridge was not being built as per applicable guidelines and poor quality of construction materials were being used. When he was shooting video, a police team came and arrested him and threw his camera, mic in Rive Ganga.

    7. It is pertinent to mention that that very bridge has subsequently collapsed causing huge pecuniary loss to exchequer.

    GROUNDS

    8. The Petitioner is preferring the present appeal on following grounds.

    1. Because the arrest of Ramesh Kashyap  is in gross violation of right to life and liberty provided under Article 21 of the Constitution of India.
    2. Because the Petitioner has right to freedom of speech and expression granted under Article 19 of the Constitution of India. As such, the arrest of Manish Kashyap  is also in violation Article 19 of the Constitution.
    3. Because there was no threat to security of India due to reports of prevailing corruption in execution of developmental projects. Rather the reports by Ramesh Kashyap was helping in reducing corruption in execution of developmental projects.
    4. Because the Petitioner has been arrested with ulterior motives. The political party in power was afraid that true and fair reporting done by the Petitioner may create adverse political opinion among people which may influence coming elections in state.
    5. Because the reporting done was true, fair and impartial and the there is not even remote possibility that it will endanger the security of state.
    6. Because grounds detention has been disclosed to the Petitioner after long delay. The grounds are vague and as such is in violation of various judgments passed by this Hon’ble Court.
    7. Because the advisory board has acted like a rubber stamp of Government  without going into the grounds of detention.

    9. That the Petitioner has not filed any similar petition before the High Court or Supreme Court of India.

    PRAYER

    In light of aforesaid facts and circumstances, it is therefore prayed that this Hon’ble Court may be pleased to :

    (i) Issue Writ of Habeus Corpus or any other appropriate writ, orders, directions for producing the Petitioner before this Hon’ble Court and his immediate release.

    (ii) Pass any other order(s)/direction(s) as this Hon’ble Court may deem fit and proper in facts and circumstances of the Court.

    FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND, EVER PRAY

    FILED BY

    COUNSER FOR THE PETITIONER

    DATE:

    PLACE:

    Note: Writ Petition has be accompanied by Synopsis, List of Dates, Affidavit etc.

    ________________________________________________________________________

    Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

    Mukesh Kumar Suman

    Mukesh Kumar Suman

    Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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