In a criminal writ petition challenging detention, the petitioner alleged house arrest of his son. The son appeared in court and denied any unlawful detention. Finding no evidence of unlawful restraint, the High Court held the petition was devoid of merit and disposed of it.
No direction much less a writ in the nature of Habeas Corpus was issued.
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Criminal Writ Petition No. 2692 of 2011
1
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Writ Petition No. 2692 of 2011
Date of Decision: 12.12.2011
Prem Singh
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: By Post.
Mr. Anupam Sharma, Assistant Advocate General, Haryana, for the respondent.
Kanwaljit Singh Ahluwalia, J. (Oral)
Prem Singh son of Veer Singh, resident of village Kuchrana Kalan, Tehsil and District Jind, Haryana, has sent a communication to this Court, which has been treated as a Criminal Writ Petition by the Registry. Besides, various allegations levelled, it is stated that Parveen Kumar, son of the petitioner, has been subjected to house arrest from the last 18 months. This Court, considering the kind of allegations made, on 7.12.2011, asked learned counsel for the State, to verify the same and acquaint it as to whether Parveen Kumar, son of the petitioner, was unlawfully detained or not.
Today, Parveen Kumar, son of the petitioner, is present in Court. He has been identified by Hukam Singh, Sub Inspector, Police
Criminal Writ Petition No. 2692 of 2011
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Station City, Jind. Parveen Kumar is accompanied by Dinesh Kumar, maternal uncle. He has stated that his father is not having a sound mental health and therefore, numerous communications are sent by him to various authorities. He has further stated that neither he has been arrested nor detained by anybody nor any fetters have been imposed on his liberty.
Without going into the allegations levelled in the writ petition, as Parveen Kumar is not unlawfully detained, this Court is of the view that there is no need to issue any direction much less a writ in the nature of Habeas Corpus.
Hence, the present writ petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge
December 12, 2011 “DK”
1 issue framed by the court
Whether there is a need to issue a writ of Habeas Corpus given that the accused person is not unlawfully detained.
Prem Singh
State of Haryana
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
