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Writ Petition - Main File - For Petitioner - Sample

This document outlines a writ petition being filed with the Supreme Court of Indiva regarding a case of alleged extrajudicial killing (fake encounter) of 4 men accused of rape. The petitioners argue the killings violated the accused men's rights and did not follow Supreme Court guidelines for investigation of fake encounters. They request an independent investigation be conducted and the police officials involved be prosecuted. Jurisdiction for the case lies with the Supreme Court under Article 32 of the Indiva Constitution.
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0% found this document useful (0 votes)
335 views13 pages

Writ Petition - Main File - For Petitioner - Sample

This document outlines a writ petition being filed with the Supreme Court of Indiva regarding a case of alleged extrajudicial killing (fake encounter) of 4 men accused of rape. The petitioners argue the killings violated the accused men's rights and did not follow Supreme Court guidelines for investigation of fake encounters. They request an independent investigation be conducted and the police officials involved be prosecuted. Jurisdiction for the case lies with the Supreme Court under Article 32 of the Indiva Constitution.
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 PDF, TXT or read online on Scribd
You are on page 1/ 13

BEFORE

THE HON’BLE SUPREME COURT


OF

INDIVA

ORIGINAL WRIT JURISDICTION

WRIT PETITION [CIVIL] NO. /2023

[UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIVA READ WITH ORDER


XXXVIII, RULE 12(1)(d) & 2 OF THE SUPREME COURT RULES, 2013]

- 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

6. DIRECTOR GENERAL OF POLICE,


Government of Ankara,
Lakdi Pool Police Headquarters,
Ankara – 300 004. ..… RESPONDENT NO. 6

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

8. NATIONAL HUMAN RIGHTS COMMISSIONS,


Rep. by its Secretary, Manav Adhikar Bhawan,
Block – B, GPO Complex, INA,
New Delhi – 110 023. ..… RESPONDENT NO. 8
ALL ARE CONTESTING RESPONDENTS

MEMORANDUM ON BEHALF OF THE PETITIONER


DRAWN AND FILED BY THE COUNSEL FOR THE PETITIONER
MEMORANDUM ON BEHALF OF THE PETITIONER DRAWN
AND FILED BY THE COUNSEL FOR THE PETITIONER WRIT
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIVA READ WITH ORDER XXXVIII, RULE 12 (1) (D) & 2 OF
THE SUPREME COURT RULES, 2013 TO ISSUE AN
APPROPRIATE WRIT OR ORDER OR DIRECTION
ESPECIALLY IN THE NATURE OF WRIT OF CERTIORARIFIED
MANDAMUS CALLING FOR THE RECORDS OF 2ND TO 7TH
RESPONDENTS / ANKARA STATE AUTHORITIES
PERTAINING TO THE FAKE ENCOUNTER KILLING OF
ALLEGED 4 RAPE ACCUSED BY THE POLICE PERSONALS
OF 4TH RESPONDENT, V. C. SAJJANAR, IPC, CYBERABAD
POLICE COMMISSIONER, ANKARA STATE AND ORDERED
FOR REGISTRATION OF FIR FOR AN OFFENCE UNDER
SECTION 302 AND 376 OF IPC, CYBERABAD POLICE
COMMISSIONER WHO INVOLVED IN THE ABOVE SAID
FAKE ENCOUNTER KILLING OF ALLEGED 4 RAPE
ACCUSED SHALL BE CONDUCTED BY AN INDEPENDENT
AGENCY LIKE CBI, SIT, CID OR ANY OTHER POLICE TEAM
OF ANOTHER STATE POLICE UNDER THE SUPERVISION OF
A SENIOR OFFICER (AT LEAST A LEVEL ABOVE THE HEAD
OF THE POLICW PARTY ENGAGED IN THE ENCOUNTER
AND GET THE CONCERNED POLICE OFFICIALS WHO
INVOLVED IN FAKE ENCOUNTER BE BROUGHT BEFORE
THE LAW; AND (B) ISSUE AN APPROPRIATE TO STRICTLY
COMPLY WITH THE 16 GUIDELINES ISSUED BY THIS
HON’BLE COURT IN THE CASE OF PUCL & ANR. VS. STATE
OF MAHARASHTRA & ORS. REPORTED IN (2014) 10 SCC 635
IN REGARD TO THE INVESTIGATION OVER FAKE
ENCOUNTER KILLING; FOR THE VIOLATION OF THE
RIGHTS UNDER ARTICLE 14, 19 & 21 OF THE
CONSTITUTION OF INDIVA.

TO, THE HON’BLE THE CHIEF JUSTICE OF INDIVA


And His Companion Justice of the
Supreme Court of Indiva

The Humble Petition of the


Petitioner above named.
TABLE OF CONTENTS

LIST OF CONTENTS PAGE NO.

LIST OF ABBREVIATIONS

INDEX OF AUTHORITIES

STATEMENT OF JURISDICTION

STATEMENT OF FACTS

STATEMENT OF ISSUES

SUMMARY OF ARGUMENTS

ARGUMENT ADVANCED

PRAYER
LIST OF ABBREVIATIONS

ABBREVIATIONS FULL FORM

U/A Under Article

NLSA National Legal Service Authority of Indiva

UN United Nation

AIR All Indian Report

V, V/S, VS Versus

NCT National Capital Territory

AOI Association of Individual

ICCPR International Covenant on Civil and Political Rights

SCC Supreme Court Cases

UOI Union of India

§ Section

SRC Supreme Court Report

BCLR Butterworth’s Constitutional Law Report

ADMN Administration

ORS Others

VOL Volume

CR. L. J Criminal Law Journal

I. P. C Indiva Penal Code

L. L. J. Labour Law Journal

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

It is most humbly submitted that the Petitioner has approached this


Hon’ble Supreme Court Under Article 32 of the Constitution of Indiva
for the violation of fundamental Rights guaranteed under the
Constitution of Indiva by filing a writ petition. The petitioner most
humbly and respectfully submits before the jurisdiction of the present
court- and accepts that it has the power and authority to preside over
the present Case.

The Honourable Supreme Count of Indiva has the jurisdiction in this matter.

Under Article 32 of the Constitution reads as follows -


Article 32 in The Constitution of India, 1950
Article 32
Remedies for enforcement of rights Conferred by this Part -
(1) The rights to move the Supreme Court- by appropriate proceedings for the
enforcement of the right conferred by this Part is guaranteed.
(2) The Supreme Shall have power to issue directions or orders or writs, including
Writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, whichever may be appropriate, for the enforcement of any of
the rights conferred by this Part,
(3) Without prejudice to the powers conferred On the Supreme Court by. Clause
(1) and (2) Parliament-may by law empower any other court to exercise within
the local limits of its jurisdiction all or any of the powers exercisable by the
Supreme Court under clause (2).
(4) The right guaranteed by this article Shall not be suspended except as
otherwise provided for by this Constitution.
STATEMENT OF FACTS

❖ PREFACE OF THE CASE

Republic of Indiva is a country which has various cultural and


historical glories to its name and was often nicknamed as the “Land of
Culture”. People from various backgrounds lived in harmony and abided
by the laws of the land.

In Republic of Indiva, the majority of the population worshipped


deities in the personification of women as a symbol of Strength and
Fearlessness.

Ankara is a State of Republic of Indiva with the highest literacy rate


among all other States of Republic of Indiva and the people believed in
the Equality between Men and Women in all spheres of life.

❖ SHRISHTI AND HER WORK

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.

❖ INCEDENT ON SHRISTI BY FOUR

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.

On 18-01-2023 the partially burnt body was found at an underpass


on the Ankara-Bendakal national highway by a farmer @Ajit Das around
6 a.m.

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.

❖ POLICE INVESTIGATION, NEWS AND PROTEST

The Police started various investigation procedures and discovered a


CCTV footage which was placed near the highway for traffic control.

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.

People from various political background as well as Film Industry and


Media houses demanded speedy Justice and “Kill The Rapists” became
viral all over the Country and the Government took initiative for a speedy
disposal of the case.

❖ ENCOUNTER OF FOUR

On 24-01-2023, the Police presented the four accused in front of the


local Magistrate and requested for a 7 days remand for further
investigation.

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 Investigation In-Charge in the Interview stated that


Naveen and Keshav snatched the revolvers from the Constables
while they were being taken to the Court, jumped out of the Police
Van and fired two rounds in the air.

Javed and Rajesh also followed them and tried to escape.

The Police claimed that they found no other ways and had to
shoot down the four accused otherwise the accused would have fled.

• FAMILIES OF FOUR’S PROTEST


The killing of the accused in the alleged encounter was hailed
by a section of people, the families of the deceased and human rights
groups alleged that the police took law into its hands, terming this
as extra-judicial killing.
In the police press conference that followed, questions as to
how two of the four accused managed to get hold of the pistols in
the presence of 10 armed police officers went unasked.
The families of the Four Accused also alleged that the police
officers have framed the murder scene as they had threatened them
when they went to the police station.
The families informed the reporters that the police officers
angrily made the statement to the families that the accused stand
no chance of being saved from death as the entire Nation was
against their act.

❖ HIGH COURT DECISION

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.

But An NGO named as “Saman Adhikar” filed a Petition before the


Hon’ble High Court of Ankara.

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.”

❖ WRIT PETITION TO SUPREME COURT


Families of the four accused who were gunned down by the police
in an alleged encounter, have approached the Supreme Court, seeking
registration of murder case against the police officers involved.

Alleging that the youth were killed in a stage-managed gunfight, the


families filed a writ petition under the provisions of Article 32 of the
Constitution that enables individuals to seek redressal for the violation
of their fundamental rights.

The NGO, after the Judgment by the Hon’ble High Court,


approached the Hon’ble Supreme Court on the contention of violation of
Human Rights as well as the violation of Fundamental Rights guaranteed
under the Constitution of Republic of India.

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.

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