The High Court dismissed a Habeas Corpus petition seeking release of fifteen detenues. The court held the petition infructuous based on a Warrant Officer report stating the detainees had already left custody.
The writ petition was dismissed as infructuous. No further orders were made.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Writ Petition No. 33 of 2011
1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Writ Petition No. 33 of 2011
Date of Decision: 10.1.2011
Chander Pal
…Petitioner
Versus
State of Punjab and Others
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: None for the petitioner.
Mr. B.S. Sra, Additional Advocate General, Punjab, for respondents No.1 to 3.
None for respondents No.4 and 5.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for release of detenues, 15 in number, as mentioned in para No.2 thereof, from the illegal and unlawful custody of respondents No.4 and 5.
In pursuance of the prayer made by learned counsel for the petitioner, this Court, vide order dated 5.1.2011, has appointed the Warrant Officer.
The Warrant Officer submitted his report dated 10.1.2011, wherein it is stated that all the detenues along with their belongings have left for their native place and are no longer in the unlawful custody.
Criminal Writ Petition No. 33 of 2011
2
In view of the report of the Warrant Officer, no further directions are called for. Hence, the present writ petition has been rendered infructuous and the same is hereby dismissed as such.
(Kanwaljit Singh Ahluwalia) Judge January 10, 2011 “ DK ”
1 issue framed by the court
Whether the writ petition seeking Habeas Corpus for release of detenues remains maintainable in light of their release as per Warrant Officer report.
1 provisions across 1 enactments
Chander Pal
State of Punjab
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
