GURCHARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This Criminal Writ Petition under Article 226/227 of the Constitution of India for issuance of a writ of Habeas Corpus, was filed by petitioner - Gurcharan Singh, seeking directions to respondents No. 2 and 3, i.e., District Magistrate, Jalandhar and Senior Superintendent of Police [Rural], District Jalandhar to release the detenu Gurnam Singh son of the petitioner and to set him free. Petitioner took the plea that his son, Gurnam Singh is in illegal custody of respondents No. 4 to 6. A complaint was filed with Punjab Human Rights Commission. The petitioner apprehended threat to the life and liberty of detenu Gurnam Singh and hence, filed the present writ petition.

(2.) On this, vide order dated 13.10.2014, a Warrant Officer was appointed by this Court and as per the report submitted by Shri Jaswant Singh, Warrant Officer, Gurnam Singh was not traceable.

(3.) During the pendency of the writ petition, the petitioner filed Criminal Misc. No.326 of 2014 before this Court for issuance of a show cause notice to the Senior Superintendent of Police, Shaheed Bhagat Singh Nagar [for short, "SBS Nagar"] as the whereabouts of the detenu could not be made known and on account of non-registration of the FIR, on the basis of representation dated 15.10.2014.