SOHAN SINGH AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) TWO habeas corpus petitions have been referred to the Full Bench because of important questions of law involved therein.

(2.) THE first petition relates to Mst. Krishna alias Naziran and the petitioner is Sohan Singh. The allegation of Sohan Singh are that Mst Krishna was originally a Mohammaden, that she was converted to Hinduism and was married to him long before the partition of the country & the note, that a Sub -Inspector of Police arrested Mst. Naziran on 8 -12 -1951 on the ground that she was an abducted woman and that she was transferred to Abducted Women's Camp.

(3.) AS regards the constitutionality of the Abducted Persons (Recovery and Restoration) Act the matter has now been set at rest by a recent pronouncement of their Lordships of the Supreme Court in - 'The State of Punjab v. Ajaib Singh', : AIR 1953 SC 10 (A). The appeal arose out a decision of the Full Bench of the High Court of Judicature at Simla in which it had been held that the Act offended against the provisions of Art. 22 of the Constitution. Their Lordships of the Supreme Court over -ruled the view of the Punjab High Court and held that the Act was perfectly valid.