Writ Petition - Main File - For Petitioner - Sample
Writ Petition - Main File - For Petitioner - Sample
INDIVA
- IN THE MATTER OF -
ARTICLE 14, ARTICLE 19 AND ARTICLE 21 OF THE CONSTITUTION OF
INDIVA
- BETWEEN -
1. SAMAN ADHIKAR
BLOCK C, 3RD FLOOR,
ANKARA …. PETITIONER NO. 1
2. …. PETITIONER NO. 2
AND
1. STATE OF ANKARA
Rep. by its Secretary
Ministry of Home & Affairs,
3rd Block, Ankara. ….. RESPONDENT NO. 1
2. UNION OF INDIVA
Rep. by its Secretary
Ministry of Home & Affairs,
North Block, New Delhi. ..… RESPONDENT NO. 2
3. UNION OF INDIVA
Ministry of Law & Justice,
Shashthri Bhavan,
New Delhi – 110 001. ..… RESPONDENT NO. 3
4. CHIEF SECRETARY
Govt. of NCT of Delhi,
Delhi Secretariat, I.P. Estate,
New Delhi – 110 002. ..… RESPONDENT NO. 4
5. CHIEF SECRETARY
Govt. of Ankara
Block C, 2nd Floor, Ankara Secretariat,
Ankara – 360 017. ..… RESPONDENT NO. 5
7. V. C. SAJJANAR, IPS,
Commissioner of Police, CYBERABAD
P/21, Old Mumbai Hwy,
Next to care Hospital 2-48,
Sri Shyam Nagar,
Telecom Nagar Extension,
Gachibowli, Ankara – 300 032. ..… RESPONDENT NO. 7
LIST OF ABBREVIATIONS
INDEX OF AUTHORITIES
STATEMENT OF JURISDICTION
STATEMENT OF FACTS
STATEMENT OF ISSUES
SUMMARY OF ARGUMENTS
ARGUMENT ADVANCED
PRAYER
LIST OF ABBREVIATIONS
UN United Nation
V, V/S, VS Versus
§ Section
ADMN Administration
ORS Others
VOL Volume
ART. Article
P Paragraph
PUCL & ANR. People’s Union for Civil Liberties & Anr.
SUPP Supplement
ANR Other parties involved in a case
INDEX OF AUTHORITIES
1. PUCL & ANR. VS State of Maharashtra & Ors. (2014) 10 SCC 635
Criminal Appeal No. 1255 of 1999
2. M/S Andhra Pradesh Officers Association VS A.P. Liberties Committee
Civil Appeal No. 5646 of 2019
3. Chaitanya Kal Bagh and Ors. VS State of U.P. and Ors. (1989) 2 SCC 314
4. R.S. Sodhi Advocate VS State of U.P. and Ors. (1994) Supp (1) SCC 143
5. Satyavir Singh Rathi VS State through CBI (2011) 6 SCC 1
6. Prakash Kadam and Ors. VS Ramprasad Vishwanath Gupta and Anr.
(2011) 6 SCC 189
7. B. G. Varghese vs Union of India and Ors. (2013) 11 SCC 525
(Criminal) No. 31/2007
(Criminal) No. 83/2007
8. Rohtash Kumar VS State of Haryana (2013) 14 SCC 290
9. Om Prakash and Ors. VS State of Jharkhand (2012) 12 SCC 72
STATEMENT OF JURISDICTION
The Honourable Supreme Count of Indiva has the jurisdiction in this matter.
Shrishti Mitra was a young Advocate who had just passed her college
and started practicing. She was very ambitious about her work and
always worked for the poor and needy people free of cost.
She was always the last one to leave her workplace and often took
her personal vehicle to travel home from workplace. One such night, on
17-01-2023 around 9:30 P.M. she was returning from workplace on her
scooty, where she noticed four men desperately asking for help beside
the highway.
Out of generosity, she stopped her scooty and two men told her that
they are tourists and one of their friends is laying injured at a distance.
While she got down from her scooty, two of them accompanied her to a
distant secluded place.
On her way, she realized that her phone was inside the scooty, so she
returned for taking the same and on return, she found that her two-
wheeler tyre was punctured.
Shrishti Mitra called her younger sister Nancy Mitra at 9.35 p.m. to
inform that her scooter had broken down and she was alone on the road.
All of a sudden, the two men, who had asked for help accompanied
by two other men came towards her and started touching her in a wrong
way.
She got scared and slapped one of them, to which the men became
angry and then dragged the girl to a distant place and raped her one by
one.
In the fear of not getting caught, the four men put petroleum in her
body and burnt her alive till she was dead and ran away towards the
nearby village.
He informed the village sarpanch @Kartik Das, who alerted the local
police.
After confirming that the victim was a female, the local police verified
the recent women missing cases and then, with the help of the handbag
and the scarf, the family members were able to recognise her.
By looking at the CCTV footage, the Police saw some faces where the
recording timing showed around 10:00 P.M. based on which, they
started searching for the four men who had run towards the village and
started the enquiry. On 23-01-2020, based on its investigation, the Police
arrested, Javed, Rajesh, Naveen and Keshav.
In the meantime, as soon as the news became viral, people all over
the country started protesting and the news became trending all over
Social-Media and people demanded Justice for Shrishti Mitra.
❖ ENCOUNTER OF FOUR
Amidst the remand period, the entire Country protested with candle
light marches and various High-Profile Personalities also got involved in
the protests.
On 03-02-2023, the Media flashed @The Republic the news that the
four accused had been shot dead by the Police while they were being
taken to the Court.
• IC INTERVIEW
The Police claimed that they found no other ways and had to
shoot down the four accused otherwise the accused would have fled.
As soon as the News became viral, the entire Country rejoiced and
supported the action of the Police and the same was called an “Act of
Bravery” by various Political Leaders.
The Hon’ble High Court of Ankara after hearing all the arguments
of the case held “The Police had no other option but to shoot the four
accused failing to which they would have fled and which would have
triggered mass and widespread agitation throughout the Nation and the
Role of the Police would have been in question. Therefore, the Court finds
the Act of the Police as an Act of Bravery and sudden reflex to counter the
situation which arose in front of them.”
All the petitions have been clubbed by the Hon'ble Supreme Court
of Republic of India and stands pending before the Hon’ble Supreme
Court of Republic of Indiva.