2. (1) No application under rule 1 of this Order shall be made unless leave therefor has been granted in
accordance with this rule.
(2) Application for such leave shall be made ex parte to the Court and shall be supported by a statement setting
out the name and description of the applicant, the relief sought and the grounds on which it is sought; and
supported by an affidavit verifying the facts relied on.
(3) The affidavit verifying the facts relied on in making the application shall be made by the person detained; but
where the person detained is unable owing to the detention to make the affidavit, the application shall be
accompanied by an affidavit to the like effect made by some person, which shall also state that the person
detained is unable to make the affidavit himself.
(4) The applicant shall file, in the Court, the application for leave not later than the day preceding the date of
hearing and shall at the same time lodge in the Court enough copies of the statement and affidavit for service on
any party or parties as the Court may order.
(5) The Court or Judge may, in granting leave, impose such terms as to giving security for costs as it or he thinks
fit.
(6) The Court or Judge may(a) notwithstanding, make an order forthwith for the release of the person being detained under the provision of
paragraph (1) of this Order;
(b) direct that an originating summons be issued in Form 2 of the Fundamental Rights (Enforcement) Rules or
that the application be made by notice of motion in Form 3 of the Fundamental Rights (Enforcement) Rules; or
(c) adjourn the ex parte application so that notice thereof may be given to the person against whom the order for
the release of the person detained is sought.
(7) The summons or notice of motion shall be served on the person against whom the order for the release of the
person detained is sought and on such other persons as the Court or Judge may direct and, unless the Court or
Judge otherwise directs, there shall be at least five clear days between the service of the summons or motion and
the date named therein for the hearing of the application.
(8) Every party to an application under rule I of this Order shall supply to every other party copies of the
affidavits he proposes to use at the nearing of the application.
3. (1) Without prejudice to rule 2(6) of this Order the Court or Judge hearing the application may, in its or his
discretion, order that the person detained be produced in Court.
(2) An order under paragraph (1) of this rule, shall be a sufficient warrant to any superintendent of a prison,
police officer in charge of a police station, police officer or constable in charge of the person detained or any
other person responsible for his detention, for the production in Court of the person detained.
(3) Where an order is made for the production of a person detained, the Court or Judge by whom the order is
made shall give directions as to the Court or Judge before whom, and the date on which, the order is returnable.
4. (1) Subject to paragraphs (2 and (3) of this rule an order for production of the person detained shall be served
personally on the person to whom it is directed.
(2) If it is not possible to serve the order personally or if it is directed to a police officer or a superintendent of
prison or other public official, it shall be served by leaving it with any other person or official working in the
office of the police officer or the prison or office of the Superintendent or the office of the public official to
whom the order is directed.
(3) If the order is made against more than one person, the order shall be served in the manner provided by the
Rule on the person first named in the order and copies shall be served on each of the other persons in the same
manner.