Writ of Habeas Corpus - Guava 2025 SDIC 1
Writ of Habeas Corpus — Guava [2025] SDIC 1
| Date of judgment | 2nd July 2025 |
| Judge | Judge Terak |
| Writ | Habeas Corpus |
| Verdict | Granted |
| Result | Petitioner Guava unbanned (but an arrest warrant was issued immediately after) |
| Applicable persuasive precedent |
This matter has been repealed, voided, or is otherwise out of date
JUDGMENT by Judge Terak
Introduction
[1] On July 2nd 2025 a Petition for a Writ of Habeas Corpus from Xi4 (ID: 1315519807793270805) on behalf of Guava (ID: 633459687022657557) who was a Citizen of SimDemocracy before being banned from it.
[2] The Petitioner provided Proof verifying they were in Contact with the banned person and acted on their behalf.
[3] The Petition made the following claims: Guava was banned by the Discord Supervisor without Proceedings under GEETSA, later the ban was covered under a valid Guava by this very Court, the offence committed by Guava to the Petitioners knowledge did not meet the burden of State Threatening Terrorism under the GEETSA, a member of the Judiciary had verified no Trial had occurred, the timeline as outlined in Art. 7 § 2.3 GEETSA had been violated. This, the petitioner believed violated the Right to due process. Therefore a Writ of Habeas Corpus was requested to unban Guava. This Court had been identified by another, unnamed judge as probably responsible since it granted the original ECTPO.
[4] There exists no provisions for the manner in which a Writ of Habeas Corpus needs to be filed. The Court therefore accepted them via DMs as the need to protect basic rights outweighs the need to have things be filled in the Court Case Request Channel. The Court accepts the request to Issue a Writ of Habeas Corpus.
Investigation
[5] Upon Investigation the Court found there to be no previous Jurisprudence on the Extend or Procedures for granting a Writ of Habeas Corpus. Any legislative and constitutional descriptions of the Habeas Corpus could be found in Art. 17 CPA and Art.10 § 4 Constitution. It is also described in Art. 11 §6 Constitution with more writs available but since those only apply to petitions raised before the Supreme Court this Court did not entertain them.
[6] The Constitution grants the Power to grant a Writ of Habeas Corpus to any Inferior Court Judge upon being petitioned as long as they hold jurisdiction. Art. 17 CPA raises further conditions for a valid Writ of Habeas Corpus to be issued. Namely the Complaint that is at the heart of the Petition needs to be rooted in either the lapsing of a Pre-Trial after an Arrest, the failure to serve a warrant upon the Arrest of a Person or unlawful detention of a Person by the SDBI or SAO.
[7] Art. 17 §1 CPA mandated the Judge to inquire into the Complaint brought before them themselves.
[8] Following this the Court issued an order to the President, Attorney General, Deputy Attorney General, SDBI Director and the SDBI to provide proof of a Criminal Complaint having been brought against Guava in compliance with the ECTPO granted and the instructions included in that decision. If such a Complaint could be provided the Parties were to provide Proof of a Verdict justifying the continued ban of the User.
[9] Further the Court had the Court Registrar check the Courts own logs for any such fillings having been made in the past.
Factual Findings
[10] Guava was banned by the Discord Supervisor.
[11] On the 14th of April 2025 the SDBI through its Director made a request to be granted an retroactive ECTPO for Terrorism as per GEETSA, such was granted by this Court with the explicit information to the DoJ that procedure as laid out in Art. 10 GEETSA needed to be followed.
[12] The Court Registrar could not certify any such Complaint as necessitated by Art. 10, 7 GEETSA had been filed.
[13] The Attorney General and SDBI Director both stated that to their knowledge no Criminal Complaint had been filed, and thus no proceeding under Art. 10, 7 GEETSA been initiated.
Decision
[14] Every Person has the Right to a fair hearing before a competent Court under Art. 21 of the Constitution. This includes the presumption of Innocence for the Accused until they are found guilty in a Court of Law.
[15] The GEETSA mandates that a Trial be brought against the banned User, failure to bring such a trial by a State equals unjustified arrest and deprivation of a fair hearing.
[16] Guava never received a Trial for the Actions alleged in the ECTPO that lead to their banning, they therefore where violated in a fundamental right and qualify for a Writ of Habeas Corpus. A valid Petition to this effect was raised before this Court.
[17] This Court has jurisdiction since the User falls under the Jurisdiction of SimDemocracy Law for their Actions and as far as their presence on the SimDemocracy Discord Server is concerned.
[18] The Court finds the Rights of Guava have been violated by the Department of Justice by upholding a ban without having respected the right to a fair hearing.
[19] The State is hereby ordered, through any competent party with the necessary Permissions, as per Art. 10 §4 of the Constitution, to immediately unban Guava (ID: 633459687022657557).
Citations
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