1984 JTR(SC) 245
1984 CriLR 439 ; 2010 6 JKJ(SC) 225 ; 1984 2 Scale 370 ; 1984 Supp SCC 504 ; 1985 SCC(Cri) 60 ; 1984 KHC 2237
SUPREME COURT OF INDIA
BEFORE D. A. DESAI AND RANGANATH MISRA, JJ.
BHIM SINGH
Versus
STATE OF J & K.
Writ Petition. (Criminal) No. 1037 of 1984 decided on
31-8-1984
Advocates appeared:
Mrs Jayamala.and L.R. Singh, Advocates, for the Petitioner; E.C. Agarwala, Advocate, for the Respondent.
Act Referred :CONSTITUTION OF INDIA : Art.32
Constitution of India, 1950 - Article 32 – Detention – Challenged - State of Jammu and Kashmir has placed on record a copy of teleprinter message from concerned authority dated informing him that detenu, whose detention has been challenged in this writ petition under Article 32 of Constitution has been released - This teleprinter message is followed by a letter confirming same, Mr E.C. Agarwala, learned counsel has authenticated letter as well as teleprinter message, and placed them on record - Learned counsel for petitioner and a member of working committee of J & K Panthers Party has filed this writ petition for writ of habeas corpus questioning validity of detention, who is a sitting Member of Legislative Assembly of Jammu and Kashmir State – Held, When letter and teleprinter message were shown to, she said that has not been released because she had contacted all possible sources enquiring about release of petitioner, but he could not be contacted and therefore there is reason to believe that statement made by is not correct – Court are not persuaded to accept this submission because it is difficult to believe that State would make through its learned counsel a wholly false statement in respect of a detenu - Petitioner is at liberty to take other steps if petitioner is not released as stated by learned counsel - Petition has become infructuous and stands disposed of accordingly.
Constitution of India, 1950 - Article 32 – Detention – Challenged - State of Jammu and Kashmir has placed on record a copy of teleprinter message from concerned authority dated informing him that detenu, whose detention has been challenged in this writ petition under Article 32 of Constitution has been released - This teleprinter message is followed by a letter confirming same, Mr E.C. Agarwala, learned counsel has authenticated letter as well as teleprinter message, and placed them on record - Learned counsel for petitioner and a member of working committee of J & K Panthers Party has filed this writ petition for writ of habeas corpus questioning validity of detention, who is a sitting Member of Legislative Assembly of Jammu and Kashmir State – Held, When letter and teleprinter message were shown to, she said that has not been released because she had contacted all possible sources enquiring about release of petitioner, but he could not be contacted and therefore there is reason to believe that statement made by is not correct – Court are not persuaded to accept this submission because it is difficult to believe that State would make through its learned counsel a wholly false statement in respect of a detenu - Petitioner is at liberty to take other steps if petitioner is not released as stated by learned counsel - Petition has become infructuous and stands disposed of accordingly.
E.C.AGARWAL, JAYAMALA GODBOLE, L.R.SINGH
ORDER
1. Mr E.C. Agarwala, learned counsel for the State of Jammu and Kashmir has placed on record a copy of the teleprinter message from the concerned authority dated August 30, 1984 informing him that Mr Bhim Singh the detenu, whose detention has been challenged in this writ petition under Article 32 of the Constitution has been released on August 24, 1984. This teleprinter message is followed by a letter confirming the same, Mr E.C. Agarwala, learned counsel has authenticated the letter as well as the teleprinter message, and placed them on record.
2. Mrs Jayamala, learned counsel for the petitioner and a member of the working committee of J & K Panthers Party has filed this writ petition for writ of habeas corpus questioning the validity of the detention of Mr Bhim Singh, who is a sitting Member of the Legislative Assembly of Jammu and Kashmir State. When the letter and teleprinter message were shown to Mrs Jayamala, she said that Mr Bhim Singh has not been released because she had contacted all the possible sources enquiring about the release of the petitioner, but he could not be contacted and therefore there is reason to believe that the statement made by Mr Agarwala is not correct. We are not persuaded to accept this submission because it is difficult to believe that the State would make through its learned counsel a wholly false statement in respect of a detenu.
Under Article 32 of the Constitution of India
3. The petitioner is at liberty to. take other steps if the petitioner is not released as stated by the learned counsel.
4. This petition has become infructuous and stands disposed of accordingly.
For Citation: 1984 (Supp) SCC 504
Vikas Info Solutions Pvt. Ltd.