A PUBLIC INTEREST LITIGATION PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

?IN THE SUPREME COURT OF INDIA?

CRIMINAL ORIGINAL JURISDICTION?

(PUBLIC INTERST LITIGATION PETITION)

WRIT PETITION(CRIMINAL)NO…………OF20……………..

IN THE MATTER OF?

?(SMALL CAUSE TITLE) ? ? ? ? ? ? ? ? ? ? ……………….PETITONER

VERSUS

State of…………..& Ors? ? ? ? ? ? ? ? ? ? ? ? ? ………….? ? ? Respondents

IN THE MATTER OF:???????????????????????????????????????????????????????????????????????????

A PUBLIC INTERST LITIGATION PETITON UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

To

?The Hon’ble chief justice of India and his companion justices of the supreme court of India.

??????????????The humble petition of the petitioner above named.

MOST RESPECTFULLY SHOWETH:

1. The petitioner has submitted this Public Interest Litigation Petition under Article 32 of the constitution, seeking the issuance of a habeas corpus order to secure the release of six individuals who are currently being held in illegal custody.
2. The petitioner intends to present detailed facts and relies upon an article titled "A Woman Stands Up to Seek Justice," which was published in a specific edition of a publication. A photocopy of the aforementioned article has been annexed and marked as an exhibit for reference.
3. That the said article reports that:-
4. One individual belonging to the scheduled caste arrived in............? from............ state, accompanied by fellow villagers, in search of employment.
5. Approximately two weeks ago, a group of policemen arrived at the grain market and forcefully detained.............. along with three other women and seven men, who are her relatives. They were swiftly loaded into a vehicle and transported to ..............
6. At the police station, the four women and seven men were subjected to brutal beatings under the accusation of stealing rice from a shop.
7. The police subsequently transported them to a specified location and left them at the police station.
8. While........... continued to experience episodes of vomiting blood, the................decided to return them to...........
9. That being said, the S.H.O. in question proceeded to offer an amount of Rs. 250/- to the four women, who are unfortunately still being held in illegal custody.
10. While en route to............, the health condition of............. deteriorated, prompting them to be taken to........... However, the hospital refused to provide treatment, citing it as a medico-legal case. The doctors advised......... to be taken to............
11. Due to the lack of funds.......... and the other women were left with no choice but to board a train to............. without tickets. Tragically............passed away during the journey to.........
12. That the petitioner respectfully submits that the facts disclosed in the said article indicate the blatant and flagrant violation of the fundamental Rights of Life and liberty of the 11 persons guaranteed under Article 21 of the Constitution of India.
13. The petitioner respectfully asserts that the unlawful detention of the six men by the police persists, thereby flagrantly violating Article 21 of the Constitution.
14. That being stated, the petitioner respectfully submits that the [name of police] has, in fact, committed cognizable offenses by illegally confining and assaulting the said men and women.?
15. That The petitioner respectfully brings to the attention of this Hon'ble Court that in its decision reported in AIR 1989 SC 2039, it was held that immediate medical assistance should be provided to every injured citizen brought for treatment in order to preserve life. Subsequently, procedural criminal law can be implemented to prevent negligent deaths.
16. That The petitioner respectfully highlights that in its decision reported in AIR 1989 SC 2039, this Hon'ble Court emphasized the importance of allowing the procedural criminal law to operate in cases involving injured citizens brought for medical treatment. It was further recognized that efforts to save the person's life should be the top priority, not only for medical professionals but for all involved.
17. That being said, the petitioner respectfully submits that there are no provisions in the Indian Penal Code, Criminal Procedure Code, or any other statute that prevent doctors from promptly attending to seriously injured persons before the arrival of the police and their taking cognizance of such cases.
18. That being stated, the petitioner respectfully submits that the refusal by the concerned doctors at the hospital to administer treatment was a clear and significant violation of Article [specific article] of the Constitution. This violation stands in direct contradiction to the interpretation of the aforementioned article as established by this Hon'ble Court in the landmark case reported in AIR 1989 SC 2039.
19. The petitioner respectfully urges this Hon'ble Court to issue a directive for the immediate release of the six men from the illegal custody of the............ force.
20. The petitioner respectfully draws attention to the case of Inder Singh v. State of Punjab, as reported, which bears similarities to the present matter. In that case, this Hon'ble Court expressed concerns regarding the safety of citizens in the face of an errant, high-handed, and uncontrolled police force. Consequently, an independent investigation by the Director of the Central Bureau of Investigation (C.B.I) was ordered.
21. The petitioner respectfully submits that it would be in the interest of justice to direct the state authorities to provide compensation to............... and their other relatives for the unwarranted police harassment and illegal confinement they endured.
22. The petitioner respectfully asserts that it would be an act of justice for the state to provide additional compensation to the family members of............. as redress for the violation of Article 21 of the Constitution.

PRAYER?

In the circumstances, it is most respectfully prayed that this Hon’ble Court be pleased to :-

1. Issue a writ of Habeas Corpus, directing the release of the six men..............., from the illegal confinement imposed by the police.
2. Direct the Director of the Central Bureau of Investigation (C.B.I) to initiate an independent investigation into the complaint concerning the illegal confinement, police torture, and subsequent death of [person's name]. Furthermore, kindly instruct the Director to present the investigation report before this Hon'ble Court.
3. In accordance with the law, direct the prosecution to take appropriate action against the police officer(s) found guilty in this case.
4. Direct the concerned state hospital to take necessary legal action against the doctors at........... who refused to provide medical attention to..............., in accordance with the applicable laws.

NEW DELHI:? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? DRAWN AND FILED BY?

FILED ON:………….? ? ? ? ? ? ? ? ? ? ADVOCATE OF THE PETITONER