UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners herein have a load of grievances. The point at the threshold is whether this Court should entertain the petition. And if it would, whether this Court is well-equipped to grant them the necessary relief.

(2.) The broad facts giving rise thereto are these : -

(3.) The detenus were arrested from the Golden Temple Complex at Amritsar after the Operation Blue Star somewhere in the first week of June, 1984. They were said to be involved in the crime of waging war against the Government of India and causing murders etc. (the long list of offences be kept apart). Later, in view of the enactment of the Terrorist Affected Areas (Special Courts) Act, 1984, the Central Government divided the State of Punjab in three Judicial Zones of Jullundur, Ferozepore and Patiala. For all these Zonal Special Courts, an Additional Special Court was set up at Jodhpur in accordance with S.4(2) read with S.7(2) of the said Act. Since the case of the petitioners would otherwise have been tried by the Special Court, Jullundur Zone, the Central Government thought it proper to transfer the case against the detenus to be tried by the Additional Special Court at Jodhpur. The detenus were presented there on the Court assuming jurisdiction and taking cognizance of the offences. Under orders of that Court passed from time to time, the detenus have been confined as under-trials in the Central Jail at Jodhpur. The petitioners claim themselves to be friends and political associates of the detenus. They also claim to be interested in other persons confined in Jodhpur Jail similarly situated as the detenus.