GURNEK SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India praying for release of detenues Baljit Kaur and Jaswant Singh as they are in unlawful custody of the police.

(2.) In pursuance of the prayer so made, the Warrant Officer was appointed. The Warrant Officer has submitted his report dated 29.10.2010 and it is stated therein that SHO Harbhajan Singh and MHC Surinder told the Warrant Officer that Baljit Kaur was not required and involved in any case. So far as detenu Jaswant Singh is concerned, he was arrested in a case under Section 107/151 Code of Criminal Procedure

(3.) Counsel for the Petitioner has submitted that Petitioner Jaswant Singh was released on pre-arrest bail by the Court of Additional Sessions Judge, Jalandhar and to circumvent the order of anticipatory bail, he was arrested in a case under Section 107/151 Code of Criminal Procedure Counsel further submits that for unlawful detention of Jaswant Singh, the Petitioner and detenu Jaswant Singh are entitled to be paid damages as compensation. It is further submitted that arrest of Jaswant Singh under Section 107/151 Code of Criminal Procedure amounts to contempt of the orders of this Court. Counsel states that detenues are not in the custody. Therefore, he be permitted to withdraw the present petition with liberty to pursue his lawful remedy before the appropriate forum.