IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI
(ORIGINAL CRIMINAL JURISDICTION)
WRIT PETITION (CRI.) NO. 253 OF 2024
IN THE MATTER OF:
MR. AMAN SHARMA
AGED ABOUT- 32 YRS,
S/O MUKESH SHARMA,
R/O 32, KAMLA VIHAR
SEC-34,
DELHI,
310210.
………PETITIONER
VERSUS
1. THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA.
2. THE SUPERINTENDENT, CENTRAL JAIL, TIHAR, NEW DELHI.
3. STATE OF DELHI
……RESPONDENTS
PETITION FOR THE ISSUE OF A WRIT OF HABEAS CORPUS UNDER ARTICLE
32 OF THE CONSTITUTION OF INDIA
To
The Hon’ble the Chief Justice and His Companion Justices of the Hon’ble Supreme Court of
India.
THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED MOST
RESPECTFULLY SHOWETH:
1. That the Petitioner is a law-abiding citizen of India, residing at 32, Kamla Vihar, Sec-
34, Panvel, Navi Mumbai, and has been leading a peaceful life without any
involvement in unlawful activities.
2. That on 29 December, 2022, Respondent No.1 made an order under Section 3 of the
National Security Act, 1980, directing the arrest and detention of the Petitioner for a
period of three months on the alleged grounds of acting in a manner prejudicial to
national security. A copy of the said order is annexed herewith as Annexure A.
3. That the Petitioner was arrested on the same day and was detained in Central Jail,
Mumbai. However, the grounds of detention were not supplied to the Petitioner at the
time of his arrest. The said grounds were supplied only on 10 January,2023, after an
undue delay of ten days. A copy of the said grounds is annexed herewith as Annexure
B.
4. That on 15th January 2024, the Petitioner submitted a representation against his
detention through Respondent No.2, but the same was considered by the Advisory
Board only after a month and was arbitrarily rejected on 15th February 2024.
5. That the Petitioner is a Hindi-speaking person with no knowledge of English, but the
grounds of detention were provided in English. The Petitioner was thus unable to
understand the allegations against him, thereby depriving him of his right to make an
effective representation.
6. That the detention of the Petitioner is illegal, unconstitutional, and without
jurisdiction on the following GROUNDS:
GROUNDS:
1. Because the National Security Act, 1980, imposes unreasonable restrictions on
personal liberty and is unconstitutional as it violates the fundamental rights
guaranteed under Articles 14, 19, 21, and 22 of the Constitution of India.
2. Because the detention order was passed by an officer who was not duly authorized to
issue such an order under the National Security Act, 1980.
3. Because the grounds of detention were supplied after an unreasonable delay, violating
the Petitioner’s fundamental right to make an effective representation under Article
22(5) of the Constitution of India.
4. Because the grounds of detention were supplied in English, which the Petitioner does
not have knowledge of.
5. Because the grounds of detention are vague, indefinite, and irrelevant to the object of
the Act.
6. Because the detention order was issued without any proper and adequate material,
rendering it arbitrary, malafide, and unsustainable in the eyes of law.
7. Because the detention is punitive in nature and not preventive, making it ultra vires
the provisions of the National Security Act, 1980.
8. Because the Petitioner has been deprived of his liberty without due process of law, in
violation of Article 21 of the Constitution of India.
9. Because the impugned detention order is politically motivated and has been issued as
a measure of vendetta rather than being based on genuine national security concerns.
PRAYER
Wherefore, the Petitioner respectfully prays that this Hon’ble Court may be pleased to:
(a) Issue a writ in the nature of Habeas Corpus quashing the order of detention passed against
the Petitioner and directing the Respondents to set the Petitioner at liberty forthwith;
(b) Pass any other appropriate writ, order, or direction as this Hon’ble Court may deem fit
and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY BOUND,
SHALL EVER PRAY.
Date: 1st March,2024
Place: New Delhi
(Sig.)Advocate of Petitioner (Sig.) Petitioner
VERIFICATION
I, Aman Sharma, the petitioner do hereby verify and states that this is my name and signature
and what is stated above are true and correct to the best of my knowledge, information and
belief.
Place: New Delhi
Date: 01-03-2024 (Sig.) Petitioner
AFFIDAVIT
I, Aman Sharma, aged 32 years old, do hereby affirm and declare as under:
1. That I am conversant with the facts and circumstances of the case and am
competent to swear this affidavit.
2. I have read and understood that content of the Petition, which has been drafted by my
counsel under my instructions. No part of it is false and nothing material has been
concealed therefrom
DEPONENT
VERIFICATION
I, Aman Sharma, the petitioner do hereby verify that the contents of the affidavit are true and
states that this is my name and signature and what is stated above are true and correct to the
best of my knowledge, information and belief.
DEPONENT
