NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Writ Petition filed by Nishan Singh and Baljit Kaur under Article 226 of the Constitution of India in the nature of Habeas Corpus wherethrough they are seeking the release of detenues Gura Singh aged 70 years and Raja aged 17 years, grandfather and nephew respectively of Nishan Singh - petitioner's brother-in-law detained by the police of Police Station Jhabal, District Tarn Taran. According to them the cause for their illegal detention by the police is the marriage of Nishan Singh and Baljit Kaur which is an inter-caste marriage and which is to the annoyance of Baljit Kaur's parents. Marriage of Baljit Kaur with Nishan Singh was not approved by the parents of Baljit Kaur. They could not tolerate Baljit Kaur and Nishan Singh united into wedlock. They threatened Baljit Kaur with direct consequences. Respondent No. 6 visited the house of Nishan Singh and threatened them with dire consequences. Baljit Kaur was major. She could marry anyone whom she wished without the intervention of her parents. Respondents No. 5 and 9 tried to file complaint in P.S. Gharinda but their complaint was not entertained as Baljit Kaur was major entitled to marry anyone whom she wished to marry. Respondents No. 5 and 9 approached the police of P.S. Jhabal. They tried to arrest Nishan Singh's brother. They could not arrest him. After that the police of P.S. Jhabal raided the house of Nishan Singh's brother-in-law at village Attari which is situated outside the jurisdiction of P.S. Jhabal. Police picked up Gura Singh and Raja and detained them illegally at P.S. Jhabal.

(2.) ALLEGATIONS made in this Crl.W.P. were refuted by Baljit Singh, Deputy Superintendent of Police (Detective), Tarn Taran. Sukhbir Singh, Deputy Superintendent of Police, Tarn Taran also filed affidavit denying the allegations made in this Crl. Writ Petition.

(3.) THIS Criminal Writ Petition is dismissed with the aforesaid observations. Petition dismissed.