SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FACTS necessary for the disposal of Civil Misc. No. 1989 of 1993 are as follows:

(2.) THE High Court Bar Association as well as District Bar Associations in the various districts of the States of Punjab and Haryana and Union Territory of Chandigarh have been on strike since February, 6, 1993 or so. This has resulted in great hardship to the public in general. Even urgent matters like bail and those involving stay cannot be effectively put before the various Courts concerned including the High Court. The cause for strike is that one Advocate of Ropar named Mr. Kulwant Singh alongwith his wife and a minor child are believed to have died an unnatural death and police had put in a challan in the Court in this connection. Members of the Bar were dissatisfied with the investigation. They were demanding a thorough probe by a Judge of the High Court or member of Superior Judicial Service. One Suresh Kumar resident of district Ambala (Haryana) (hereinafter referred to as 'the petitioner') filed C. W. P. No. 2376 of 1993 seeking a writ of mandamus to the State Government of Punjab to order a judicial enquiry into the circumstances relating to alleged murder of Mr. Kulwant Singh his, wife and their minor child. The State of Punjab was arrayed as the sole respondent.

(3.) A Division Bench of this Court by its order dated March 5, 1993, while ordering notice of motion, directed that the Punjab and Haryana High Court Bar Association as also Punjab and Haryana Bar Council be impleaded as parties. Written statements were filed on behalf of the State of Punjab and the added respondents. A further written statement was filed on behalf of the State of Punjab on the ground that a new case had been set up in the return filed on behalf of the High Court Bar Association and the Bar Council. By order dated March 16, 1993, the aforesaid Division Bench admitted the petition to a Full Bench on the ground that the petition raised "substantial questions of law of obvious general public interest and importance. " The petitioner has now moved the present Civil Misc. under section 151 of the Code of Civil Procedure seeking to withdraw the writ petition. The prayer has been opposed by the High Court Bar Association and the Bar Council. It has, however, been supported by the State of Punjab.