STATE OF U P Vs. RADHEY SHYAM TRIPATHI

JUDGEMENT

(1.) THE present proceeding against Radhey Shyam, Tripathi. Superintendent, and Surya Mani Chaube, Assistant Jailor Central Jail, Naini, for contempt of this Court was taken suo motu on the statement made by Bhola Dutt Joshi when he appeared before the Court on 20 -10 -1982 in connection with the hearing of the habeas corpus petition filed by him The circumstances in which the proceeding was initiated are as follows :

(2.) THE habeas corpus petition came up for hearing before us on 20 -10 -1982. The record contained an application of Bhola Dutt Joshi, dated 9 -10 -1982, which was forwarded to this Court through the jail authorities. It was stated in the application that the petitioner had no grievance and the habeas corpus petition had been moved under a mistake and was wrong for which he wanted to be excused and that he did not want to press that petition as he was now suffering no inconvenience in the Central Jail, Naini. A prayer was made that the petition be allowed to be withdrawn. The detenu was present in Court and when asked whether he had made the application for withdrawing the petition, he narrated the. circumstances under which he was compelled to make the application. We directed Joshi to give his statement in writing. Writing material was made available to him.

(3.) AFTER perusing the statement of Joshi the Court directed that he be medically examined which was done the same day by the Medical Officer on emergency duty in the Tej Bahadur Sapru Hospital. The Court also issued direction that the petitioner be not sent back to the Central Jail Naini and suitable arrangement be made for his custody during the night of 20 -10 -1982. Next day on being prima facie satisfied that the acts attributed to Radhey Shvam Tripathi and Surya Mani Chaube amounted to criminal contempt the Court directed notices to be issued to the respondents to show cause why they be not punished for contempt of court. The notices were served on them in Court, A copy of the statement of Joshi was also handed over to them.