NAWAL THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A petition dated Aug. 16, 1984 sent by the first petitioner through the authorities of the Sub-Jail, Kullu, and two letters, each dated Aug.16,1984, addressed by the second petitioner, a foreigner, who was at the material time lodged in the Sub-Jail, Kullu, to one of us (Chief Justice), were registered as writ petitions.

(2.) The substance of the complaint in these various petitions is that on Aug. 12, 1984, at about 8 A.M. the second petitioner was accosted in the Bazar at Manali, District Kullu by three persons one of whom was in police uniform and the other two were in plain clothes, that she was caught by the arm and forcibly taken to the Shiva Temple for the verification of her passport, that she was then taken to the Police Station, Manali, where she was confined for the night, although no lady-constable was on duty, that she was produced in the Court of the Additional Chief Judicial Magistrate, Lahaul and Spiti District at Kullu, on the next day, i.e., Aug. 13, 1984 at 3 P.M. and that since then she has been confined in the Sub-Jail, Kullu. The second petitioner complains that she is a young lady aged about 30, that she was insulted by the police and that her "chastity was lowered". According to the petitioners, the confinement of the second petitioner in the Police Station, Manali and subsequently in the Sub-Jail, Kullu, is illegal and prayer is for the immediate release of the said petitioner.

(3.) The petition was listed for orders on Aug. 28, 1984. Notice to the respondents was ordered to be issued on that day returnable on Aug. 31, 1984 with a direction to file affidavit- in-reply and to produce the relevant case papers, if any, leading to the confinement of the petitioner, on the returnable date.