RAJINDERPAL SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THIS Criminal Writ Petition has been filed under Article 226 of the Constitution of India by Rajinderpal Singh petitioner seeking the issuance of a writ of Habeas Corpus against the respondent Ajit Singh directing him to produce Sarabjit Kaur before this Court and release her from his illegal custody. It is averred by the petitioner that he is the husband of Smt. Sarabjit Kaur, who is being kept by Ajit Singh respondent illegally in his house at Faridkot. Earlier, Ajit Singh respondent filed Criminal Writ Petition No. 209 of 1997 against Rajinderpal Singh and others. The said criminal writ petition was disposed of by M.L. Koul, J vide order 'dated 20.2.1997 which reads as follows : "Heard, learned counsel for the parties. On the consensus of the learned counsel for the parties, the matter is resolved to the effect that respondent Rajinderpal Singh will allow his wife and the children to go to the house of the petitioner who happens to be the father of Sarabjit Kaur, for a period of 7 days after every six months with the consent of her husband and her father shall be duty bound to take his daughter and grand -children to his house and bring them back to the house of the respondent.

(2.) HOWEVER , for the first time, the respondent shall allow his wife and the children to accompany the petitioner to his house for 7 days from 23.2.1997 and thereafter they will visit the house of the petitioner after every six months in terms of the order mentioned above. Copy of the order be given dasti. This petition stands disposed of accordingly."

(3.) IN compliance with the order passed by M.L. Koul, J., Ajit Singh took Smt. Sarabjit Kaur to his house at Faridkot on 21.2.1997 and thereafter, brought her back to the house of the petitioner on 27.2.1997. As per the order passed by M.L. Koul, J. dated 20.2.1997, Ajit Singh was to take Sarabjit Kaur to his house at Faridkot after every 6 months for a period of 7 days. Ajit Singh respondent came to his house at Nawanshahr on 15.5.1997 and took Sarabjit Kaur forcibly to Faridkot when the petitioner was away on duty. The respondent is keeping Sarabjit Kaur away from the matrimonial home in his own house illegally and against the express order passed by M.L. Koul, J. She is not being allowed to return to the matrimonial home. The respondent is detaining Sarabjit Kaur unlawfully. The petitioner has prayed for the recovery of his wife from alleged unlawful detention of Ajit Singh (who is no other than her father). The respondent did not restore his wife Sarabjit Kaur to her husband despite legal notices served upon him.