RACHPAL KAUR BAINS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MRS . Rachpal Kaur Bains wife of Justice Ajit Singh Bains (retd.), resident of house No. 22, Section 2, Chandigarh, has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of habeas corpus alleging that her husband Justice Ajit Singh Bains (retd) was returning from the Golf Club, Chandigarh, as usual and on 3.4.1992 when he left the premises of the said Club at 10.30 a.m. he was arrested by the Ropar Police. It was on 4.4.1992 at about 7.00 a.m. that her son R.S. Bains succeeded in collecting information from the Senior Superintendent of Police, Ropar, and came to know that Justice Ajit Singh Bains was in the custody of Ropar police; that the premises of the residential house of Justice Ajit Singh Bains were also searched by the police and its details are given in para 13 of the petition. It has been prayed that an order should be passed for immediate release of Justice Ajit Singh Bains. There was also an allegation that Justice Ajit Singh Bains, aged 70 years, was hand cuffed and ill treated as well.

(2.) A Warrant Officer was appointed by this Court on 6.4.1992 and Shri S.S. Aulakh, acted as such, who visited Police Station, Ropar. He found that Daily Diary Report No. 20 dated 4.4.1992 at 7.30 P.M. was found recorded which contained a mention regarding the arrest of the detenu in FIR No. 41, dated 31.3.1992, under Sections 124-A, 153-A, 505 (1) of the Indian Penal Code and under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and also under Section 13 of the Unlawful Activities (Prevention) Act, 1967.

(3.) THIS is a case where at the time the present petition was instituted, the petitioner did not exactly know that for what purposes and under what provisions Justice Ajit Singh Bains was arrested by the police. By now it has been clarified in para No. 1 of the affidavit, which contains the details of the case in which the detenu has been arrested. In this regard, learned Deputy Advocate General Punjab, placed reliance on Talib Hussain v. State of Jammu and Kashmir, AIR 1971 S.C. 62 wherein it was observed that it was sufficient to point out that in habeas corpus proceedings the Court has to consider the legality of detention on the date of hearing. The matter is at an early stage of investigation and the detention in such cases shall first be looked in to by the Designated Court. The present petition is for the purpose of habeas corpus and the respondent State Government has brought on record that Ropar Police has arrested Justice Ajit Singh Bains for cognizable offence under the provisions referred to above.