KUSUM SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This habeas corpus petition under Article 226 of the Constitution has been filed by a wife praying therein for a writ/order/ direction to the respondents to release her husband, Aiit Kumar Sinha, a practising lawyer of Ranchi. The petitioner says that her husband has been illegally confined and she, therefore, seeks reliefs from this Court. There are as many as nine respondents, namely, (1) State of Bihar, (2) Superintendent of Police, district Deoghar, (3) Deputy Commissioner, district Deoghar, (4) Officer-in-charge, Jaseedish police station, (5) Police Inspector, Jaseedih, (6) Home Secretary, Secretariat Ministry of Home, (7) Officer-in-charge, Gonda Police Station, district Ranchi, (8) Senior Superintendent of police, district Ranchi and (9) Deputy Commissioner, Ranchi.

(2.) In this case the allegations are against local police of district Ranchi and Deoghar that they are perhaps involved in kidnapping of Mr. Sinha in conspiracy with each other and others. Under the direction of this Court the matter was referred to S. P., C. B. I., Ranchi, to make a preliminary enquiry into the matter. He has since submitted his report, which is quite a detailed one. The S. P., C. B. I., has suggested that investigation/enquiry may be handed over to CID Police, Government of Bihar or to S. P., Deoghar, for further investigation in the matter of disappearance of Mr. Sinha.

(3.) In our opinion, the matter is quite serious one. The lawyears at Ranchi are agitating as the person of this profession has disappeared without any sign. There are allegations against the police as well and in our opinion, it may not be proper to refer the matter to the local police to investigate into the matter.