KH BROJEN SINGH Vs. K K SETHI

JUDGEMENT

(1.) By this petition under Article 315 of the Constitution, the petitioner prays for punishing the contemners, for their wilful and deliberate disobedience of this Court, in a Habeas Corpus petition being Civil Rule No. 39/95, directing the contemners to set the petitioner at liberty forthwith.

(2.) The petitioner was detained under the National Security Act, 1980 (for short N.S.A.) as per order dated 28.4.95 passed by the District Magistrate, Thoubal. The petitioner challenged his detention by filing a Habeas Corpus petition, Civil Rule No. 39/95, which was allowed by this Court vide order dated 7.9.95 (Annexure-P-I) making the following direction: "In the premises aforesaid, this petition is allowed. The impugned order of detention issued by the District Magistrate, Thoubal on 28.4.95 is well as the order of confirmation issued by the State Government on 5.6.95 are quashed. The petitioner shall be set at liberty forthwith unless he is required in connection with any other case."

(3.) In compliance of the above order, a release order was issued by the Registry the same day, that is on 7.9.95, which was received by the Secretary (Home), Govt. of Manipur. On 8.9.95, on the same day, the order was sent to District Magistrate, Thoubal as well. Despite specific communication and service of the order the petitioner was not released nor any reason assigned, he therefore addressed a letter dated 5.10.95 through his Counsel. Even two months after the petition being allowed on 7.9.95, and receipt of the release order the petitioner was not released. He therefore filed the present petition for drawing contempt proceedings against the respondents on 23.11.95, while he was still in jail. On 27.11.95 notices were directed to be issued to the contemners calling upon them to show cause as to why contempt proceedings should not be initiated against them.