D.S. GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN the year 1988, Mr. D.S. Gill, Advocate District Courts, Ludhiana filed a writ under Articles 226/227 of the Constitution of India praying for a writ of Habeas Corpus for the production of Darshan Singh Dalla against State of Punjab respondent No. 1, Union of India respondent No. 2, Senior Superintendent of Police, Ropar respondent No. 3 and Senior Superintendent of Police, Hoshiarpur respondent No. 4 and it was prayed by the petitioner that if his custody was found illegal, he may be set at liberty by invoking power under Article 21 of the Constitution of India. The allegations of the petitioner as contained in the writ petition were denied by the respondent. The matter was put up before Hon'ble Mr. Justice S.S. Grewal, who on 27.10.1989 passed the following order :-

(2.) ON 7.11.1989 the directions were again repeated for production of Darshan Singh Dalla but to no effect. This petition is coming up for hearing today for the first time before this Bench.

(3.) LEARNED counsel for the petitioner has submitted many fold contentions : (1) that there is wilful disobedience on the part of the respondents to the directions of the High Court whereby it called upon the respondents to produce Darshan Singh Dalla, (2) that interrogation should be made whether Darshan Singh Dalla has been eliminated or murdered because since 1989 he has not been produced before any court of competent jurisdiction including the High Court inspite of directions, and (3) exemplary costs should be imposed upon the respondents for wilful disobedience of the directions of the High Court passed in writ jurisdiction and that compensation should also be awarded to the legal heirs of Darshan Singh Dalla by holding that the man has been either eliminated or he is in illegal custody of the respondents. Learned counsel for the petitioner in support of contentions has also placed reliance upon Sebastian M. Hongray v. Union of India, 1984(1) SCC 339 and Sebastian M. Hongray v. Union of India, 1984(3) SCC 81.