Through his lawyer, Nchimunya Mwange, Mwanakatwe Sikasula filed an Ex-parte notice of motion for Writ of Habeas Corpus citing the Attorney General as the respondent in the Lusaka High Court yesterday.
In an affidavit in support if his motion, Mwange complained that his client had been in detention since June 28, 2017 without being brought to court.
“That on the 28th day of June, 2017, the applicant was apprehended by the police from Government Complex and accused of being behind the graffiti entitled ‘Free HH’ and taken to the Lusaka Central Police. He was charged with idle and disorderly conduct under Section 179 of the Penal Code which is a bailable offense. That the arrest and continued detention of the Applicant is unlawful and unconstitutional as he has not been granted bond despite many efforts that have been made to have him released on police bond and he has been in detention for one week without appearing in court so as to apply for bail,” Mwange stated.
He asked the court to compel the Lusaka Central Police Station officer in charge to bring his client before court.
“That I therefore respectively apply to this honorable court to issue forthwith a writ directing the officer in charge at Lusaka Central Police Station and others who may have and/or control of me to have the applicant’s body before this honorable court immediately after receipt of such writ to undergo and receive all and singular such matters and things as this honorable court shall then and there consider of and concerning the applicant in this behalf. That it is therefore needful for this court to adopt special responsibility regarding the continued denial of the applicant’s liberty by the respondent and as such the court’s most anxious scrutiny of the continued detention must be exercised,” stated Mwange.
“That the circumstances of this case require that the writ of habeas corpus does issue immediately as the applicant is being illegally held without cause as he has been denied bond and not appeared in court. That I accordingly crave the indulgence of this court forthwith issue a Writ of Habeas Corpus.”