BALRAM SINGH YADAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition for a writ of habeas corpus was presented initially on behalf of five individuals. Subsequently, two petitioners withdrew from the array of petitioners and, as a result, upon a motion made in that behalf by their counsel, the petition was dismissed as withdrawn on their behalf. That left only three petitioners out of whom Raghuvir Singh has, according to the information conveyed to the Court by the learned Additional Government Advocate, since been released. Thus, only two petitioners, namely, Darshan Singh Yadav and Hargovind Singh Yadav remain in the field. 1A. At the outset we may mention that Sri P. P. Yadav, learned counsel representing these two petitioners conceded that in this petition neither the orders of remand nor the extension thereof passed from time to time by the Judicial Magistrate u/s. 167(2) Cr. P.C. taking them in judicial custody are being challenged. The submission in the main was that even if their detention was initially valid being supported by valid remand orders their continued detention was rendered illegal as a result of their transfer from the District Jail at Etawah to the Jails of other districts. It was urged that the transfer of these two persons was wholly unauthorised in law not being sanctioned by any statute nor by the Judicial Magistrate u/s. 167 (2).

(2.) We will elaborate the contention urged by counsel for the petitioners and the learned Additional Government Advocate a little later. First the essential facts. Darshan Singh was arrested on 12-8-1990 at Etawah in pursuance of an FIR lodged on 11-8-1990 at Police Station Chaubia in Crime No. 89 of 1990 u/Ss. 147/ 148, 149, 307, 224, 225, 353 and 332 IPC and S. 7 Criminal Law amendment Act. On 13-8-1990 he was produced before the Additional Chief Judicial Magistrate IV, Etawah and after being taken into judicial custody were sent to the District Jail, Etawah in the custody of the Superintendent of that jail for being produced on 25-8-1990. The same night he was transferred to the District Jail, Hardoi. He arrived and was lodged in the District Jail, Hardoi on 14-8-1990 and remained there upto 20-8-1990. On 21-8-1990 he was transferred from Hardoi Jail to the Central Jail Bareilly. From 22-8-1990 till date he has been in the Central Jail, Bareilly. In between, the order of remand has been extended by the concerned Judicial Magistrate from time to time. This is amply established by Annexure 2 to the affidavit of M. L. Ananad, the Deputy Jailor, Central Jail. Bareilly, and the jail warrants produced before the Court in the course of arguments. It is, however, noteworthy that for every extension of remand Darshan Singh would be brought to Etawah Jail and presented before the Judicial Magistrate on the date fixed in the remand order by the jail authorities of District Jail, Etawah. It appears that in connection with the investigation of Crime No.89 of 1990 On the alleged recovery of illicit arms, another case being Crime No. 226 of 1990 u/ Ss.25/30 Arms Act was also registered against Darshan Singh for which a warrant of remand was prepared and orders obtained when Darshan Singh was produced before the Additional Chief Judicial Magistrate on 25-8-1990. This warrant was for extension from 25-8-1990 to 1-9-1990 which was subsequently extended from 2-9-1990 to 20-9-1990.

(3.) There was yet another case in which both Darshan Singh and Hargovind Singh, who are brothers, were wanted, being crime No.32 of 1985 u/Ss. 147, 148, 149, 302, 201 and 120-B I.P.C. On coming to know of the arrest of these persons, the Investigating Officer in Crime Case No. 32 of 1985 made an application to the Chief Judicial Magistrate, Etawah, stating that the accused are already in jail and that they might be taken into custody in the present case as well and the requisite remand order be prepared and served on them. The application was allowed by the Chief Judicial Magistrate by his order dated 18-8-1990 as a consequence of which one Additional Chief Judicial Magistrate was sent to Ballia where Hargovind Singh was then lodged and another Magistrate was sent to Hardoi were Darshan Singh was confined for the purpose of serving remand orders on them. The relevant remand orders served on these two petitioners have been annexed as Annexures CA-2 and CA-3 to the affidavit of Sri D. S. Rawat, Dy. Superintendent of Police, Etawah.