STATE OF PUNJAB Vs. AJAIB SINGH

JUDGEMENT

(1.) Das, J.- This appeal arises out of a habeas corpus petition filed by one Ajaib Singh in the High Court of Punjab for the production and release of one Mt. Sardaran alias Mukhtair Kaur, a girl of about 12 years of age.

(2.) The material facts leading up to the filing of that petition may be shortly stated as follows. On the report made by one Major Babu Singh, Officer Commanding No. 2 Field Company, S. M. Faridkot in his letter dated 17-2-1951 that the petitioner Ajaib Singh had three abducted persons in his possession the recovery police of Ferozepore, on 22-6-1951, raided his house in village Shersingwalla and took the girl Mt. Sardaran into custody and delivered her to the custody of the Officer in charge of the Muslim Transit Camp at Ferozepore from where she was later transferred to and lodged in the Recovered Muslim Women's Camp in Jullundur City.

(3.) A Sub-Inspector of Police named Nihar Dutt Sharma, was deputed by the Superintendent of Police, Recovery, Jullundur, to make certain enquiries as to the facts of the case. ' The Sub Inspector as a result of his enquiry made a report on 5-10-1951 to the effect, inter alia that the girl had been abducted by the petitioner during the riots of 1947.