Ahir Mitra
Law Student
Petition under Article 226 of the Constitution of India in the High Court

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA IN THE HIGH COURT

(Petition against the Detention of Accused)

Civil/Criminal Writ Petition No. ………Dated ………

(Under Article 226 of the Constitution of India)

In the matter of:

Shri ____________ s/o. _____________

(Detenu detained at present in jail)

Petitioner

Vs.

1.      The District Magistrate _________District.

2.      The Superintendent of _____________Jail.

Respondents

To

The said Hon'ble Court's Hon'ble Chief Justice and his Companion Justices.

The humble petition of the above-mentioned petitioner respectfully demonstrates:

1.      That petitioner was served with the order dated ______ passed by the District Magistrate ________ authorizing his imprisonment under Section 3 of the National Security Act of 1980 when he was already incarcerated for another crime.

2.      That petition is now confined at _____________ Jail. The copy of the said detention order is enclosed herewith and marked as Annexure ‘A’.

3.      That The detention order was issued in an illegitimate exercise of authority, and the incidents cited as reasons for detention had nothing to do with public order. They are all about law and order, and some of them have been mentioned.

4.      That he was not given all of the materials and grounds on which the District Magistrate felt it was appropriate to arrest him in order to prevent him from behaving in a manner prejudicial to the preservation of public order, and as a the result, he was not given an adequate opportunity to make a representation in that regard.

  (State other grounds on which the order of detention is challenged).

PRAYER

Petitioner humbly requests that your Lordships issue a Rule compelling the Respondents to show cause why a writ in the form of habeas corpus ordering them to produce the petitioner before this Hon'ble Court should not be admitted and he is set free immediately.

Date                                                                                                                   PETITIONER

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