CHAIRMAN CITIZENS ASSOCIATION FOR RELIEF, EDUCATION AND SERVICE Vs. UNION TERRITORY OF CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed on behalf of the Citizens Association for Relief, Education and Service, whose registered office is at No. 52, Sector 11-A, Chandigarh.

(2.) The facts leading to this petition are that a young boy of about 18 years named Ramesh Kumar was employed as a Waiter in the Neelam Cinema Canteen till December 24, 1980. The police hauled him up on a charge of theft of a Stove and since December 31, 1980 he is being held in custody in the District Jail, Chandigarh. So far the police did not adduce any evidence and Ramesh Kumar is behind the bars since December 31, 1980. It is alleged that every fortnight the Chief Judicial Magistrate gives the date without any reason.

(3.) It is further alleged that on 19th March, 1982, the detenue made an application to the Chief Judicial Magistrate that since the value of the alleged stolen property is less than Rs. 200 he was entitled to be tried summarily, but no action was taken by the Chief Judicial Magistrate on that application.