SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Criminal Misc. No 14 of 1975 in Criminal Writ No. 130 of 1975.

(2.) Surjit Singh petitioner in Criminal Writ No. 130 of 1975, younger brother of detenu Kabal Singh, has challenged the detention of Kabal Singh under Articles 226 and 227 of the Constitution of India and has thus prayed for the issuance of a writ in the nature of habeas corpus alleging the detention of Kabal Singh to be illegal and unconstitutional. Kabal Singh detenu was elected as a member of the Block Samiti, Jandiala. Guru, while under detention. It is alleged in the miscellaneous application that the election for the office of the Chairman of the Block Samiti, Jandiala Guru was to take place on August 19, 1975. It is alleged that Kabal Singh detenu is popular in public and is an eminent social worker. He is keen to contest the election of the Chairman of the Block Samiti of Jandiala Guru. Therefore, a prayer has been made in the miscellaneous application that a direction be issued to respondent No. 1 i.e., the State Government of Punjab to permit Kabal Singh detenu to participate in the co-option of Membership of the Block Samiti, Jandiala Guru, which was to be held on August 13. 1975, or any other order as deemed fit, may be passed in the matter.

(3.) The habeas corpus petition came up for hearing on September 1, 1975, before a Full Bench of this Court consisting of three Hon'ble Judges. The learned Judges constituting the Full Bench being of the opinion that the petition involved points of considerable importance and difficulty, ordered that the file of the case be placed before Hon'ble the Chief justice for constituting a larger Bench. It was observed that in the miscellaneous application a question has been raised whether the State Government is bound to take the detenu to the place where the polling in the elections to a Panchayat Samiti is to take place and while considering this question, the correctness of the decision of this Court in Civil Writ No. 4262 of 1975, Mool Chand Jain v, Punjab and Haryana Bar Council Chandigarh, D/- July 27, 1975 (Punj), will have to be gone into. Therefore, the miscellaneous application was also referred to a larger Bench along with the habeas corpus petition. This is how this application is placed before us.