KUNWAR PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Pradeep Kumar Rai, learned Amicus Curiae on behalf of the petitioner Kunwar Pal Singh, father of Pushpendra Singh, who sent a telegram to the Hon'ble The Chief Justice of this Court at His Lordship's Lucknow address which runs as under:

(2.) The cognizance of the telegram, treating it as an application seeking relief against an act of encroachment upon the personal liberty of Kunwar Pal Singh, father of Pushpendra Singh was taken by the Court and the matter was directed to be listed before the appropriate Bench, as appears from the order passed by the Hon'ble The Senior Judge, Lucknow Bench on 13.2.2012. The matter was listed before a Bench comprised by two Hon'ble Judges of the Lucknow Bench of the Court and the Bench finding that the territorial jurisdiction was lying within the Allahabad Bench of the Court, directed it to be listed in Allahabad and, accordingly, the proceedings of Habeas Corpus Writ Petition bearing No.9245 of 2012 was drawn up. Notices were issued. By an order dated 2.4.2012 a Bench of this Court recorded that the stand of the State of U.P. that Kunwar Pal Singh had been released from custody on 22.2.2012 be verified by the learned C.J.M., Budaun.

(3.) We had the occasion of hearing the matter and finding that these appeared prima facie case of violation of some laws to justify the arbitrary and illegal detention of Kunwar Pal Singh directed the learned AGA to file counter affidavit and, accordingly, the counter affidavits along with supplementary counter affidavit was filed.