DILDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in this petition filed under Article 226 of the Constitution of India is to issue writ in the nature of habeas corpus directing respondents to allow the petitioner and other near relatives, like, sister and brothers to see the detenues on any working day at Patiala Jail as also to allow the counsel, Navkiran Singh and Ranjan Lakhanpal to meet them on any day during the working hours even though legal interview might be within the sight of Jail Officials but not within their hearing.

(2.) The peculiar facts on which the relief aforesaid, rests, reveal that son of petitioner, Kanwar Singh, his wife Kulbir Kaur and their six years old son, Ranbir Singh are presently detained in District Jail, Patiala. They were remanded to judicial custody on April 8, 1994 in case F.I.R. No. 28 dated March 29, 1994, under Sections 124-A, 153-A, 505(1) of the Indian Penal Code, 3 (2) 31 & 14 of the Foreigners Act, 1946, 3 of the Official Secrets Act, 1923 and 3/4 of the Terrorists & Disruptive Activities (Prevention) Act at Police Station Anandpur Sahib. The case of petitioner is that the detenues were shown to have been arrested after ten months of illegal detention and were subjected to inhuman torture at the hands of Ropar police. Inasmuch as the relatives and counsel representing the persons aforesaid were worried about their welfare, they wanted to supply them some items of daily need in the jail.

(3.) On April II, 1994, A.S. Nehra, J. issued notice to the Advocate General, Punjab, for April 22, 1994 and in the meantime respondent 2 was directed to permit Mr. Navkiran Singh and Mr. Ranjan Lakhanpal, Advocates of this Court, to see the detenues in a separate room in the jail premises during working hours on April, 12, 1994 in the absence of jail officials and C.I.D. officials.