ANGREJ KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition filed under Article 32 of the Constitution of India, 1950 (in short the Constitution) presents some unusual features. In mythology Sati Savitris prayer ensured that her husband Satyaban escaped jaws of death. Petitioner Smt. Angrej Kaur is the wife of one B.S.F. Constable named Surjit Singh. Though he has been declared to have died in the Indo-Pak war in 1971, the petitioner on the basis of certain materials believes that he is alive and is languishing in Kot Lakhpat Rai Jail, Pakistan.

(2.) The factual scenario in the present petition as projected by the petitioner runs in somewhat similar lines and even at first flush may appear fictional. It is in essence prayer for writ in the nature of habeas corpus. Though technically it may appear to be unacceptable as the concerned person is stated to be in custody in a Pakistan jail, yet the petitioners human emotions refuse to accept this legal landline.

(3.) First the factual background as projected by the petitioner needs to be noted.