(1.) THROUGH this writ petition, Joga Singh petitioner seeks the quashment of the order dated 2.2.1989 of the State Government (Annexure P-1) passed under section 268 of the Code of Criminal Procedure, 1973, directing the authorities not to move out the petitioner out of Central Jail, Ambala, inter alia, on the ground that the order Annexure P-1 is not a speaking order and suffers from the vice of nonapplication of mind.
(2.) ON notice, return has been filed by Shri R. S. Rajan, Superintendent of Police, Kurukshetra, questioning the maintainability of this petition in view of the ratio of the decision of the Supreme Court in Usmanbhai Dawoodbhai Memon v. State of Gujarat, 1988(1) RCR(Crl.) 540 (SC) : AIR 1988 SC 922. On merits, it is maintained that the Government had passed the order after full application of mind to the facts and circumstances of the case.
(3.) THE Haryana Government had passed order Annexure P-1 which reads as under :-