WRIT OF HABEAS CORPUS

In the Honourable Supreme Court of India, NEW DELHI

Under Article 32 of the Indian Constitution

Writ Petition No. 53 of 2022

Smt. Reema Sen daughter of Amarnath Sen aged about 45 years, resident of Purvanchal Heights,
NOIDA, Uttar Pradesh, through Smt. Riya Majumdar, sister of Reema Sen aforesaid, as next friend.

…………..Petitioner

Versus

1. State of Uttar Pradesh, through Secretary, Home Department, Lucknow.

2. District Magistrate, Gautambuddhnagar.
3. Superintendent, District Jail, Gautambuddhnagar.

…………..Respondents

To The Hon’ble Chief Justice and His Companion Judges of the aforesaid Court.

The humble petition of the petitioner above named respectfully shows:

1. The petitioner is a peaceful law abiding citizen engaged in employment as a schoolteacher in

a local elementary school named Apollo’s Angels.
2. On October 5, 2021 the petitioner was arrested and served with an order of detention dated
October 4, 2021 passed by the District Magistrate, Respondent No. 2 purporting to act under
sub-section (2) of section 3 of the National Security Act, 1980. She has been detained in the
District Jail, Gautambuddhnagar, of which Respondent no. 3 is the Superintendent, in
pursuance of the said order.
3. The order of detention recited that Respondent No.2 was satisfied that it was necessary to
pass the order in order to prevent the petitioner from acting in any manner prejudicial to the
maintenance of public order. A true copy of the order is Annexure 1 to this petition.
4. The said order was accompanied by the grounds on which it was purported to have been
made. A true copy of the grounds is Annexure 2 to this petition.
5. The grounds were two in number and were in substance as follows:-
a. That certain incident of rioting (at Apollo’s Angels, the school at which the petitioner
was employed) had taken place on June 20 and 21, 2021, and the petitioner was, as
revealed by intelligence reports received by Respondent No. 2, the moving force
behind these incidents.
b. That earlier in July 2019 the petitioner was involved in Crime No. 121 Police Station
Kasna, Gautambuddhnagar under section 324 IPC. 6.
6. No copy of the intelligence reports received by the respondent No.2 was supplied to the
petitioner, nor were any details furnished to the petitioner in regard to her role in the said
incidents.
7. The grounds of detention were supplied to the petitioner in English, a language which the
petitioner does not know or understand, and in spite of her request the grounds were not
supplied to her in Hindi, nor were they explained to her in that language.
 8. As regards crime No. 121 of 2000 the fact is that though a false FIR involving petitioner was
lodged by one Rajkumar Mukherjee, the same had been found on investigation to be false
and final report had been submitted by the Police and the Magistrate had accepted it on
12th September 2019.
9. The petitioner’s sister is interested in the liberty of the petitioner as her next friend. 10. The
petitioner submits that the detention of the petitioner is illegal on the following grounds
a. Because Respondent No.1 had not delegated the power of detention to Respondent
No. 2 and as such the order of detention was incompetent.
b. Because the disposal of the petitioner’s representation by the Home Secretary was
incompetent and in effect the representation was not considered by the State
Government at all, and this resulted in breach of the petitioner’s constitutional right
under Article 22 (5). State Government at all, and this resulted in breach of the
petitioner’s constitutional right under Article 22 (5).

PRAYER

Writ of habeas corpus be issued against the respondents for production of the petitioner in this
Hon’ble Court and for her being set at liberty forthwith (or, after quashing the order of detention
Annexure-1)

(Smt. Riya Majumdar)

Next friend of Petitioner

Through Advocate Dated: - Feb. 5, 2022

Affidavit In Support Of Writ Petition

Affidavit of Smt. Riya Majumdar sister of Reema Sen aged about 45 years, resident of Purvanchal
Heights, NOIDA, Uttar Pradesh. The above named deponent makes oath and says as under

1. The deponent is the sister and next friend of the petitioner Reema Sen and is acquainted
with the facts of the case.
2. The facts mentioned in paragraphs 1, 2, and 9 of the accompanying writ petition are true to
the personal knowledge of the deponent, the facts mentioned in paragraphs 3 to 7 thereof
are based on perusal of records and the facts mentioned in paragraphs 8 thereof are based
on information received and believed to be true.
3. The contents of paragraphs 1 and 2 of this affidavit are true to my personal knowledge, and
nothing has been concealed therein.

Riya Majumdar,

Deponent.