Habeas Corpus রীট এর নমুনা

Habeas Corpus রীট আবেদনের এর নমুনা

Application for a writ of Habeas Corpus

District: Rangpur

In the Supreme Court of Bangladesh High Court Division (Special Original Jurisdiction)

Writ Petition No…… of 2016

In the matter of:

An application under Article 102 (2) (b) (i) of the Constitution of the People’s Republic of Bangladesh

And

In the Matter of Mrs. Sufia Khatun Wife of Mr. Rofiqul Islam of Village- Shahabaz, Post Office and Police Station – Kaunia, District- Rangpur, presently, House # 34, Road # 11. Dhanmondi, Dhaka.

—————Petitioner

And

In the Matter of:

Mr. Rofiqul Islam of Village- Shahabaz, Post Office and Police Station – Kaunia, District- Rangpur, presently, House # 34, Road # 11, Dhanmondi, Dhaka…. Detenu (In Jail Custody)

Versus

Government, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Shahbag, Dhaka.

The Secretary, Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs, Secretariat Building, Shahbag, Dhaka.

The District Magistrate, Dhaka

The Senior Jail Super, Dhaka Central Jail, Dhaka.

—————Respondents

And

In the matter of:

The order passed by the District Magistrate, Dhaka dated 25.4.2016 regarding detention of the detenu under the provisions of section 3(2) of the Special Powers Act, 1974.

And

In the matter of:

Enforcement of Fundamental rights as guaranteed under Articles 27, 31, 32 and 39 of the Constitution of the People’s Republic of Bangladesh.

To,

Mr. Justice……., the Hon’ble Chief Justice of Bangladesh and his companion Justices of the Hon’ble Court.

The humble petition of the petitioner above named most respectfully-

Sheweth

That the petitioner and the detenu both are peace loving and law abiding citizens of Bangladesh and the addresses given in the cause title are correct. That the petitioner is the wife of the detenu for and on behalf of the detenu the petitioner begs to prefer this writ petition.

That the detenu Mr. Rafiqul Islam is a renowned journalist. He is fully innocent and has been falsely implicated in this case. The police arrested him from his house with a view to harass him in the society.

That Mr. Rafiqul Islam was arrested by the Police at about 3.00 am on 25.4.2016 from his house and then he was produced before the Court of Chief Metropolitan Magistrate, Dhaka with a forwarding report that he has been arrested u/s 54 of the Code of Criminal Procedure, 1898. A copy of the said forwarding report is annexed herewith and marked as ANNEXURE “A”.

That the Metropolitan Magistrate, Dhaka, without enquiring into the matter and being satisfied only by the forwarding report made an order of sending the detenu in the jail custody and as such the order of detention of the detenu is illegal, void, unlawful authority and is of no legal effect. A copy of the said order is annexed herewith and marked as ANNEXURE “B”,

That the said Metropolitan Magistrate, Dhaka forwarded his order to the District Magistrate, Dhaka along with a forwarding letter indicating him to make an order of detention under the Special Powers Act, 1974 which is illegal and without any lawful authority and is of no legal effect. A copy of the said forwarding letter is annexed herewith and marked as ANNEXURE “C”.

That after receiving the letter from the Metropolitan Magistrate, Dhaka the District Magistrate, Dhaka on 25.4.2016 illegally and without lawful authority passed an order of detention of the detenu and informed the detenu accordingly. A copy of the said detention order is annexed herewith and marked as ANNEXURE “D”.

That the petitioner finding no other speedy remedy except by way of this writ petition begs to move before this honourable Court.

That being aggrieved by and dissatisfied with the order of the District Magistrate, Dhaka the petitioner begs to move this writ petition before this honourable Court on the following amongst other –

Grounds

I. For that, the Deputy Commissioner, Dhaka illegally make an order of detention of the detenu and for that order the personal liberty of the detenu has been curtailed which is guaranteed by the Constitution of the People’s Republic of Bangladesh.

II. That for the impugned order of detention passed by the DistrictMagistrate, Dhaka the detenu is not in a position to appear before thisHon’ble Court.

III. For that the detenu was arrested on vague and uncertain grounds which have no legal effect in the eye of law.

IV. For that the detenu is in custody and there is no scope to commit prejudicial acts and as such he is entitled to be released forthwith.

V. For that there is nothing against the detenu which can warrant his detention under section 3(2) of the Special Powers Act, 1974 and as such the order of detention passed by the District Magistrate, Dhaka is illegal, void and without any lawful authority and is of no legal effect.

Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to issue a Rule Nisi calling upon the Respondents to show cause as to why the detenu Mr. Rafiqul Islam should not be set at liberty and release the detenu on bail till hearing of the Rule and/or pass such other or further order or orders as your Lordships may deem fit and proper.

And for this act of kindness your humble petitioner as in duty bound shall ever pray.

Affidavit

I, Mrs. Sufia Khatun, W/o Rafiqul Islam of Village- Shahabaz, Post Office and Police Station-Kaunia, District- Rangpur, presently, House # 34, Road # 11, Dhanmondi, Dhaka Age about-43 years, by faith – Muslim, by occupation House wife, Nationality Bangladeshi do hereby solemnly affirm and say as follows:

That I am the petitioner of the above writ petition and am well acquainted with the facts and circumstances of the case and am competent to swear this affidavit.