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In The Hon'Ble High Court of Delhi (Original Criminal Jurisdiction) C.W.P. NO .. OF 2019

1) The petitioner, a former IAS officer, was stopped from boarding a flight to Istanbul at Delhi airport and flown to Srinagar where he has been placed under preventive detention following an interview with BBC where he criticized the situation in Kashmir. 2) The petition argues that the petitioner's fundamental rights to liberty and free movement under the Indian Constitution have been violated. 3) The petition seeks a writ of habeas corpus from the court to quash the detention order and direct that the petitioner be released immediately.

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107 views2 pages

In The Hon'Ble High Court of Delhi (Original Criminal Jurisdiction) C.W.P. NO .. OF 2019

1) The petitioner, a former IAS officer, was stopped from boarding a flight to Istanbul at Delhi airport and flown to Srinagar where he has been placed under preventive detention following an interview with BBC where he criticized the situation in Kashmir. 2) The petition argues that the petitioner's fundamental rights to liberty and free movement under the Indian Constitution have been violated. 3) The petition seeks a writ of habeas corpus from the court to quash the detention order and direct that the petitioner be released immediately.

Uploaded by

Deepaktiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HON’BLE HIGH COURT OF DELHI

(Original Criminal Jurisdiction)

C.W.P. NO……….. OF 2019

Dr. Shah Faesal …….. Petitioner

Versus

Union of India ……Respondent

PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE 32 OF


THE CONSTITUTION OF INDIA

The Hon’ble Chief Justice of the High Court of Delhi and his companion Judges.

The humble petition of the petitioners above named, most respectfully submits as under:

(1) That the petitioner, a former IAS officer, had an interview with Hardtalk's Stephen Sackur
on BBC. He was questioned on his resignation from the Indian bureaucracy in protest on 9
January 2019, citing "unabated killings" in Kashmir among other things
(2) That the petitioner had a flight from Delhi to Istanbul on 14th August, 2019.
(3) That when the petitioner reached the immigration desk around 1.30 am on Wednesday, he
was told that he had a look out notice against him. The authorities had his photograph and
the notice, on the basis of which he was stopped from boarding a flight to Istanbul.
(4) That he was on the way to Harvard Kennedy school in the U.S. to complete his course.
(5) That the petitioner spoke to his wife around 4.30 am and told her that had been questioned
by the authorities at the airport regarding an interview he gave to the BBC on Tuesday.
(6) That the petitioner was stopped from flying out of the country at Delhi airport and packed
off to Srinagar where he has been placed under preventive detention.
(7) That the petitioner was flown to Srinagar where he has been held under “preventive
detention.
(8) That he was not arrested under the Public Safety Act and was kept at Centaur Hotel in
Srinagar. Following the news, his wife also flew to him as soon as possible.

GROUNDS:

(a) That petitioner’s fundamental right has been violated under article 21 of the
Constitution of India since his right of liberty has been restrained.
(b) That petitioner’s fundamental right under article 19 (1) (d) has been violated since he
did not have the right to move freely.
(c) That the petitioner has been wrongfully confined under section 340 of IPC and has been
illegally detained.

PRAYER

Wherefore it is respectfully prayed that this Hon’ble Court may be pleased to:

1) Issue a writ in the nature of Habeas Corpus to the opposite parties quashing the order of
detention and directing that the Petitioner be set at liberty forthwith.
2) Pass such further or other orders as this Court may deem to be fit and proper for justice.

Date:

Place:

Advocate for the Petitioner:

Deepak tiwari

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