In this petition filed under Article 226 of the Constitution regarding unlawful detention, the petitioner sought release of Baljit Kaur and Jaswant Singh and claimed damages for unlawful detention and contempt. The petition was dismissed as withdrawn with liberty.
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Crl. W.P.No.1961 of 2010 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Writ Petition No.1961 of 2010
Date of Decision: 13 - 1 – 2011
Gurnek Singh
.....Petitioner
v.
State of Punjab and another
.....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.R.S.Ghuman, Advocate for the petitioner.
Mr.J.S.Bhullar, AAG, Punjab.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Article 226 of the Constitution of India praying for release of detenues Baljit Kaur and Jaswant Singh as they are in unlawful custody of the police.
In pursuance of the prayer so made, the Warrant Officer was appointed. The Warrant Officer has submitted his report dated 29.10.2010 and it is stated therein that SHO Harbhajan Singh and MHC Surinder told the Warrant Officer that Baljit Kaur was not required and involved in any case. So far as detenu Jaswant Singh is concerned, he was arrested in a case under Section 107/151 Cr.P.C.
It is a matter of fact that detenues are no longer in the custody.
Crl. W.P.No.1961 of 2010 [2]
Counsel for the petitioner has submitted that petitioner Jaswant Singh was released on pre-arrest bail by the Court of Additional Sessions Judge, Jalandhar and to circumvent the order of anticipatory bail, he was arrested in a case under Section 107/151 Cr.P.C. Counsel further submits that for unlawful detention of Jaswant Singh, the petitioner and detenu Jaswant Singh are entitled to be paid damages as compensation. It is further submitted that arrest of Jaswant Singh under Section 107/151 Cr.P.C. amounts to contempt of the orders of this Court. Counsel states that detenues are not in the custody. Therefore, he be permitted to withdraw the present petition with liberty to pursue his lawful remedy before the appropriate forum.
As prayed, dismissed as withdrawn with liberty aforesaid.
( KANWALJIT SINGH AHLUWALIA ) January 13, 2011. JUDGE
RC
2 issues framed by the court
Whether the petitioner is entitled to damages and compensation for the unlawful detention of detenu Jaswant Singh.
Whether the arrest of Jaswant Singh under Section 107/151 Cr.P.C. amounts to contempt of this Court's anticipatory bail order.
Gurnek Singh
State of Punjab
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
