Partly allowed

Ishwar v. the State of Punjab and Others

Punjab & Haryana HC12 Sept 2024CRWP/8930/2024

Case brief

AI extract

What is this about?

A petition for writ of habeas corpus regarding alleged illegal detention was heard. The Court directed a Sub-divisional Magistrate to visit the place of detention, verify custody bona fides, and ensure immediate release if illegal, without adjudicating merits or granting blanket bail.

What did the court decide?

Petitioner to be released if Sub-divisional Magistrate finds detention illegal after verification; no blanket bail granted.

Ishwar Vs the State of Punjab… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2024)

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CRWP-8930-2024

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131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP-8930-2024

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Date of Decision: 12.09.2024

Ishwar

...Pe��oner

Versus

State of Punjab and others …Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Chander Shekhar Singhal, Advocate for the pe��oner.

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Ms. Swa� Batra, D.A.G., Punjab.

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ANOOP CHITKARA, J.

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Seeking release of the alleged detenu, the pe��oner has come up before this Court under Ar�cle 226 of the Cons�tu�on of India.

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No�ces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of no�ces to the private respondents is required.

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The allega�ons regarding illegal deten�on are stated in paragraph no. 4 of the pe��on and prima facie, point towards some restrain. Given above, considering the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Sub Divisional Magistrate, either on its own or through a warrant officer or any other officer authorized by the DM/SDM, visit the place of deten�on and, if the persons are found to be in illegal custody, ensure their immediate release, subject to verifica�on, that there are no malafide inten�ons and the custody is bonafide, apart from other aspects which would require considera�on. If such an officer needs police assistance, the SHO of the concerned police sta�on(s) shall provide it.

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This pe��on is closed with the direc�ons men�oned above, which are to be complied with on a priority. It is clarified that there is no adjudica�on on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interroga�on of the alleged detenu is required in any

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Jyoti Sharma 2024.09.16 11:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRWP-8930-2024

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cognizable case. It shall also be open for the pe��oner to approach this Court again for

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any surviving or consequent grievances.

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5. There would be no need for a cer�fied copy of this order, and any Advocate for the Pe��oner and State can download this order and other relevant par�culars from the official web page of this court and a�est it to be a true copy. The concerned officer can also verify its authen�city and may download and use the downloaded copy for immediate use.

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Pe��on is allowed to the extent men�oned above . All pending applica�ons, if any,

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stand disposed.

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(ANOOP CHITKARA) JUDGE

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12.09.2024 Jyo� Sharma

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Whether speaking/reasoned: Yes Whether reportable: No .

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Jyoti Sharma 2024.09.16 11:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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Ishwar v. the State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Ishwar v. the State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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