PARAMJIT RAI Vs. STATE OF DELHI

JUDGEMENT

(1.) Mrs. Paramjit Rai, the petitioner is the wife of Shri Sucha Singh Rai, who was carrying on the travel agency business at 19/20, Windsor Mansion, Janpath Lane. New Delhi. The petitioner filed a petition praying for the issuance of a writ of habeas corpus for the release of her husband from the illegal police custody and for quashing of the proceedings against him initiated pursuance to registration of a case FIR No. 349 dated 14/9/1986 Police Station Kalkaji, New Delhi. When this petition came up for hearing, the Division Bench of this Court vide order dated 5/11/1986 declined to entertain the petition under Article 226 of the Constitution of India and directed the same to be placed before the Single Judge by treating it as a revision petition. Notice of this petition was issued to the respondents who have contested the petition.

(2.) In brief, the case of the petitioner is that on 4/10/1986 at about 3.30/3.45 P.M., three persons, later on identified as 5/Shri Ramesh Kumar Sharma Inspector. Kirpa Shankar Bhatnagar. SubInspector and Heera Lal, Constable of Delhi Police came to the residence of the petitioner and at gun point forcibly kidnapped Shri Such a Singh Rai. Some of the neighbours who happened to be there rang up the Police Control Room in response to which call, around 4.00-4.15 P.M. the flying squad of Delhi Police reached there. It was at that time the petitioner learnt that her husband had been arrested by the Police Officers of the Crime Branch of Delhi.

(3.) The petitioner has now come to know through Press reports that 10 persons named in the petition were arrested purportedly ill connection with a major passport racket operating in the country. It has also come to the knowledge of the petitioner that out of the 10 persons arrested, six have been released on bail. It is also alleged that from the reports in the papers of a Press Conference held on 21.10.86 by the D.C.P. (Crime), Delhi Police had seized p287 passports, many of which were forged, visa stamps of several countries, photographs and other incriminating documents were recovered at the instance of the arrested persons. The four travel agents which include the husband of the petitioner were planning to send several terrorists abroad. The petitioner later on came to know that her husband has been arrested in case F.I.R. 349 dated 14/9/1986 of P.S. Kalkaji, New Delhi, registered under Sections 3 and 4 of the Terrorists and Disruptive Activities (Prevention) Act, 1985 (hereinafter referred to as the Act) on 10.10.86. He was produced before A.C.M.M., New Delhi on 11/10/1986 and was remanded to Police custody till 4/11/1986. Shri Sucha Singh Rai is now in judicial custody.