DRAFTING, PLEADING AND CONVEYANCING

TUTORIAL 3 EXAMINATION: DRAFTING A WRIT PETITION

Submitted by

Akhoury Anusheel - 16010323104

Division B, B. A. LL. B.

Semester 9, 5th Year, Batch of 2016-2021

On 26th August, 2020

To Prof. Satyanarayana

Faculty in-charge

Symbiosis Law School, Hyderabad

Symbiosis International (Deemed University), Pune

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 BEFORE THE HON’BLE HIGH COURT OF

JUDICATURE OF TELANGANA STATE, HYDERABAD

Writ Petition No.______ of 2020

WRIT OF HABEAS CORPUS

ARAVIND RAJ, s/o Ravinder Raj,

age 45 years, freelance journalist,

r/o Flat No. 214, Srinilaya Apartments,

Doyens Colony, Serilingampally, Hyderabad,

Telangana........................................................................PETITIONER

Vs.

1. Ministry of Home Affairs, State of

Telangana, represented by the Secretary

2. State of Telangana, represented by the

Chief Secretary,

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3. Gachibowli Police, Cyberabad Commissionerate,

Cyberabad, Hyderabad,

4. Office of the Commissioner, Cyberabad Police Commissionerate,

Gachibowli, Cyberabad,

Hyderabad..................................................................RESPONDENTS

WRIT PETITION FILED ON BEHALF OF THE PETITIONER

UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

To,

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

The Petitioner abovenamed humbly and respectfully submits that on the facts set

and on the basis of the grounds and reasons stated in the accompanying affidavit,

the Petitioner respectfully prays before this Court that it may be pleased to issue a

writ in the nature of habeas corpus directing the Respondents to release the

Petitioner and pass any other order it may deem fit in the interest of justice.

Be pleased to consider.

Sd/- Sd/-

Signature of the Petitioner’s Advocate Signature of the Petitioner

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 BEFORE THE HON’BLE HIGH COURT OF

JUDICATURE OF TELANGANA STATE, HYDERABAD

Writ Petition No.______ of 2020

WRIT OF HABEAS CORPUS

ARAVIND RAJ, s/o Ravinder Raj,

age 45 years, freelance journalist,

r/o Flat No. 214, Srinilaya Apartments,

Doyens Colony, Serilingampally, Hyderabad,

Telangana........................................................................PETITIONER

Vs.

5. Ministry of Home Affairs, State of

Telangana, represented by the Secretary

6. State of Telangana, represented by the

Chief Secretary,

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7. Gachibowli Police, Cyberabad Commissionerate,

Cyberabad, Hyderabad,

8. Office of the Commissioner, Cyberabad Police Commissionerate,

Gachibowli, Cyberabad,

Hyderabad..................................................................RESPONDENTS

AFFIDAVIT FILED ON BEHALF OF THE PETITIONER UNDER

ORDER IX OF THE CODE OF CIVIL PROCEDURE, 1908

To,

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

I, RAMAYA ARAVIND, w/o ARAVIND RAJ, aged 42 years, r/o Flat No. 214,

Srinilaya Apartments, Doyens Colony, Serilingampally, Hyderabad, Telangana

for the purpose of filing this Writ Petition solemnly affirm and declare that I am

the wife of the Petitioner herein and I am acquainted with the facts of the case.

The Petitioner abovenamed most respectfully showeth:

1. That, the Petitioner resides in Hyderabad at the above mentioned address has

been a law abiding citizen of India, and works as a freelance journalist,

2. That, on the sixteenth (16th) day of August, 2020, the Petitioner was taken into

custody and detained by Respondent No. 3 for a time period exceeding 7

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 (seven) days (from 16th August 2020 till date), without being furnished the

grounds for such arrest or produced before the Court, charged with offences

u/s 499 and 500 of the Indian Penal Code, 1860, upon directions of

Respondent No. 4,

3. That, when the Petitioner was taken into custody by Respondent No. 3 acting

under orders of Respondent No. 4, he was not informed of the grounds of his

arrest, and neither was he produced before the Court,

4. That, after four days from the date of detention (16 th August, 2020) of the

Petitioner by Respondent No. 3, Respondent No. 4 issued a direction to

Respondent No. 3 to take the Petitioner into custody,

5. That, no case has been registered against the Petitioner till date, and no cases

of any nature are pending before any Court,

6. That, the Petitioner’s wife, Mrs. Ramaya Aravind went to the Gachibowli

Police, Cyberabad Commissionerate, and then to the Office of the

Commissioner, Cyberabad Police Commissionerate with a written complaint

(attached herein as Annexure I),

7. That, the Gachibowli Police went through the complaint, but refused to give

any sort of acknowledgment as to have received the same,

8. That, the Petitioner submits that due to the nature of his work, that is,

freelance journalism, and his recent news reports on the functioning and

efficacy of the Telangana government in dealing with the COVID-19

pandemic, Respondents No. 3 and No. 4 were directed by Respondents No. 1

and No. 2 to detain the Petitioner, for alleged disparaging reports

written/published against the Telangana government in print media by the

Petitioner,

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9. That, the current whereabouts of the Petitioner are unknown to his family and

friends as of today,

10. That, therefore, the actions of the Respondents No. 1, No. 2, No. 3, and No. 4

as took place on 16th August 2020 are illegal, arbitrary and vague,

11. That, the Petitioner’s family and his wife, Ramaya Aravind desire the release

of the Petitioner from his arbitrary detention.

GROUNDS FOR FILING PETITION:

1. That, the petitioner humbly submits that the grounds of his arbitrary detention

and custody have not been informed to him till date, and the action of

detaining the Petitioner transgresses his Right to Freedom of Speech and

Expression and Right to Life and Personal Liberty as guaranteed and

vouchsafed him under Articles 19 (1) (a) and 21 respectively of the Indian

Constitution,

2. That, till date, the Petitioner has not been produced before the competent

Court,

3. That, the grounds of the Petitioner’s detention are arbitrary, and have not been

explained to him. Furthermore, more than 7 (seven) days have passed since

the Petitioner was detained (date of detention: 16th August, 2020), and this has

caused the Petitioner’s family great hardship and suffering, given the fact that

he is the sole earner of the family, consisting of his elderly parents and his

wife Ramaya Aravind, and their only child, aged 8 years,

4. That, given the extraordinary circumstances created due to the COVID-19

pandemic, the Petitioner’s family is suffering financially, and that the

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 arbitrary detention of the Petitioner has caused his family irreparable mental

trauma.

PRAYER:

1. In view of the above facts and circumstances, it is respectfully submitted that

this Hon’ble Court may be pleased:

a) To issue a writ in the nature of habeas corpus directing the Respondents

to effect the immediate release of the Petitioner,

b) To pass an order directing Respondents No. 1 and No. 2 for paying

monetary compensation to negate the financial caused to the Petitioner’s

family, wife and child due to his arbitrary detention,

c) And any other order as the Court may deem fit and proper in the interest

of justice.

Be pleased to consider.

Sd/- Sd/-

Signature of the Petitioner’s Advocate Signature of the Petitioner

Date: 26th August, 2020.

Place: Hyderabad.

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 VERIFICATION

I, ARAVIND RAJ, the Petitioner abovenamed, do hereby solemnly affirm and

declare that the contents of the aforementioned affidavit (from paragraphs 1 to

11) are true to the best of my knowledge, and that nothing material has been

concealed therein.

Verified this 26th day of August, 2020.

Sd/-

Aravind Raj

Signature of the Deponent/Petitioner

ATTESTATION

This affidavit herein solemnly affirmed and signed before me by the

Deponent/Petitioner this 26th day of August, 2020.

Sd/-

Signature of the Attesting Officer

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List of Documents/Annexures:

The list of documents/annexures are as follows:

Serial no. Particulars Copies (how Labelled

submitted) as

1. Written complaint In original and Annexure

presented by two certified I

Ramaya Aravind to copies

the Gachibowli

Police, Cyberabad

Commissionerate,

and the Office of

the Commissioner,

Cyberabad

Commissionerate,

Hyderabad

***

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