SHAMSHER SINGH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Shamsher Singh, the petitioner has brought this petition under the provisions of Article 226 read with Article 21 of the Constitution of India for issuance of a writ in the nature of HabeasCorpus for the release of Swami Gopal Dass from the illegal detention of the respondents from the premises of Civil Hospital, Kurukshetra.

(2.) Swami Gopal Dass was on indefinite fast since 22.06.2012 in the area of Brahm Sarover near Dropati Koop (well) , Kurukshetra. He was agitating for release of "Gau Charand Land". He had written in this regard to the concerned officials as well as Ministers. Other saints were also agitating in this regard in their own way. Respondents no. 3 and 4 misused their official powers and illegally detained Swami Gopal Dass in Lok Naik Jai Parkash Hospital, Kurukshetra(Civil Hospital). Although Swami Gopal Dass was not in need of any medical help, he was detained in the hospital against his consent from 22.07.2012. They are threatening to arrest any person, who will interfere in the said matter. Thus, claiming that Swami Gopal Dass is in illegal detention of the respondents, this petition was filed.

(3.) Notice of motion was issued in the matter. It is a fact that Swami Gopal Dass had finished his fast on 03.08.2012 after the Chief Secretary of Haryana Government wrote to Deputy Commissioner, Kurukshetra to get illegal occupants of "Gau Charand Land" evicted from the same.