MALKIAT SINGH Vs. RAM SINGH

JUDGEMENT

(1.) This petition for issuance of a writ of habeas corpus was filed on 20.3.2000. The allegations in the petition are that the Annual Sports Tournament was to be held from March 20, 2000 to March 23, 2000. The Sarpanch of the village namely Sh. Faqir Singh son of Mai Ditta and Panches namely Nirmal Singh son of Amuria Singh and Smt. Sukhwinder Kaur wife of Shingara Singh son of Ram Kishan were opposed to conduct of the said tournament in the village. They, therefore, brought some Police to the village on 16.3.2000 and took away the following persons :

(2.) A large number of persons went from the village to the Police Station seeking the release of the aforesaid detenues. The Police did not release the alleged detenues. No explanation was also given as to why these persons have been taken into Police custody. On 17.3.2000, the petitioner along with 80 persons again went to the Police Station but met with the same result. The petitioner has, therefore, sent separate telegrams to Hon'ble the Chief Justice of this Court and the learned District and Sessions Judge, Ludhiana on March 19, 2000 at about 12.30 a.m. and 12.45 a.n. The alleged detenues were not produced before any Magistrate.

(3.) After hearing the learned counsel the Warrant Officer was appointed. On 24.3.2000, the Warrant Officer submitted the report. On page 1 of the report, the Warrant Officer stated that the S.H.O. has shown DDR No. 15 dated 19.3.2000 recorded in the roznamcha. This entry is recorded under Sections 107, 151 of the Code of Civil Procedure registered against Kirpal Singh, Sarup Singh, Balwinder Singh and Malkiat Singh. The Warrant Officer further stated that the S.D.M. Samrala has granted bail to Tarsem Singh, Mohan Singh, Kirpal Singh and Balwinder Singh. The Warrant Officer also stated that no case was registered against Tarsem Singh, Mohan Singh nor they were found in the premises of the Police Station Sadar, Khanna.