IN THE HIGH COURT OF RAJASTHAN JAIPUE

BENCH

PUBLIC INTEREST LITIGATION

WRIT PETITION (CIVIL NO.) 3022 of 2023

IN THE MATTER OF:-

RAJENDRA PARASAD YADAV

………………………………….. PETITIONER
VERSUS
STATE OF RAJASTHAN………………………….
RESPONDENT

PETITION FOR WRIT OF HABEAS CORPUS

TO THE HON’BLE CHIEF JUSTICE OF RAJASTHAN AND HIS

COMPANION JUSTICES OF THE HON’BLE HIGH COURT OF
RAJASTHAN

The petitoners, by this petition , prays as follows:-

I. INTRODUCTION

 The petitioners are aggrieved by the orders of

detention dated September 3, 2023, and October 23,
2023, passed under the National Security Act, 1980
(hereinafter referred to as "NSA"). They contend that
these orders are illegal, mala fide, and violate their
fundamental rights guaranteed under the
Constitution of India.

 BRIEF FACTS

 The petitioners are citizens of India and reside

in the District of Jaipur, Rajasthan. They are
engaged in various lawful professions and have
no history of criminal activity.
 On September 3, 2023, the District Magistrate
of Jaipur, acting under Section 3(2) of the NSA,
issued an order detaining the petitioners
without trial. The grounds for detention stated
in the order were vague and lacked specificity,
alleging potential threat to public order without
providing concrete evidence or details.
 The petitioners were not provided with a
proper opportunity to make a representation
against their detention, as mandated by
Section 5 of the NSA. This denial of a fair
 hearing significantly impacted their ability to
challenge the grounds for detention and
defend themselves.
 Furthermore, on October 23, 2023, the State
Government of Rajasthan, under Section 12(1)
of the NSA, extended the period of detention
for three months, further prolonging their
unjust and arbitrary confinement.

II. GROUNDS

The petitioners submit that the orders of

detention are illegal and mala fide for the
following reasons:
 Violation of Procedural Requirements: The
District Magistrate failed to comply with the
mandatory procedural safeguards prescribed
under the NSA. The petitioners were not given
a proper opportunity to make a representation,
resulting in a violation of their rights to natural
justice and fair hearing.
 Vagueness of Grounds: The grounds for
detention stated in the orders are vague and
lack specificity. They fail to provide concrete
evidence or details to substantiate the alleged
 threat to public order. This vagueness renders
the orders arbitrary and discriminatory.
 Violation of Fundamental Rights: The
detention orders violate the petitioners'
fundamental rights guaranteed under Articles
14, 19, and 21 of the Constitution of India.
These articles guarantee the right to equality,
freedom of speech and expression, and
personal liberty, all of which have been
infringed upon by the arbitrary detention.

PRAYER

In the above premises, it is prayed that this

Hon’ble Court may be pleased:-

 Issue of a writ of certiorari or any

appropriate writ, order, or direction
quashing the detention orders dated
September 3, 2023, and October 23, 2023.
 Immediate release of the petitioners from

detention.
 Awarding costs of the petition to the
petitioners.
  Any other relief that this Honorable Court
may deem fit and proper in the
circumstances of the case

FOR WHICH ACT OF KINDNESS, THE PETITIONER

SHALL AS
INDUTY BOUND, EVER PRAY.

PLACE: RAJASTHAN
DATE: 12 December 2023

COUNSEL FOR
PETITIONER
RAHUL
 AFFIDAVIT
RAHUL (Advocate High court of Rajasthan)

Age 20, R/o. DWARKA SECTOR 10,GAYATRI

APARTMENTS NEAR VENKATESHWAR
INTERNATIONAL SCHOOL, NEW DELHI-110077

1.) That I am the petitioner in person of

the above Petition (PIL),I am well
acquainted with the facts and
circumstances of the case,And as
such, I am competent to swear this
affidavit.
2.) The Petitioner does not have any
personal interest or any Personal
gain or private motive or any other
oblique reason in Filing this Writ
Petition in Public Interest. The
Petitioner has not Been involved in
any other civil or criminal or
revenue litigation, Which could have
legal nexus with the issues involved
in the Present Petition. No similar
petition has been filed before this
court And any High court.
  VERIFICATION:

Verified at jaipur, rajasthan on this 12th day of

December, 2023, that the facts stated Herein are
true to the best of my knowledge and belief, no
part of it is false And nothing material has been
concealed therefrom.