SULEMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a habeas corpus petition filed by Suleman, confined at present in the Central Jail, Jaipur. The averments in the application are that the petitioner is an Indian national and belongs to village Durhan-ka-Tale, Distt Barmer. He had been convicted and sentenced by the sub-Divisional Magistrate Bhinmal, on April 15, 1967, under the Foreigners Act. He had been released from the Central Jail Jodhpur on February 3, 1968 On August 5, 1961 he was called by the Superintendent of Police, Barmer, from his house and was told that he was required to proceed to Jaipur in connection with some inquiry. The Circle Inspector, Barmer, escorted him to Jaipur on August 7, 1968, and was kept at the Special Police Station, Ramganj. The same day the Jaipur Police arrested him under S. 3/9, of the Indian Official Secrets Act and was kept in custody upto August 23, 1969. On August 24, 1968, he was sent to the Central Jail, Jaipur, as he was implicated in a false impionage charge, in which one Pak national Habibuddin was also involved. Since August, 24th 1968, he has been in confinement in the Central Jail, Jaipur. Though more than two years have elapsed since then, the police has not yet put up a challan against him in the court concerned. He, therefore, prays that he should be ordered to be discharged from the Central Jail or be enlarged on bail.

(2.) ON receipt of the above petition a notice was given to the State Government. A reply has been filed on behalf of the State, therein it is given that the petitioner Suleman invited Habibuddin, a Pak national, to come to India and work here as a Pak spy. He indulged in the espionage activities along with Habibuddin. The police registered a case under sec. 3/9, Official Secrets Act against him. He was taken in custody on August 7, 1968. He has been named as an abettot of the offence. After the investigation was completed the accused was committed to the judicial lock-up under the orders of the District Magistrate, Jaipur, on the August 24, 1968. Relevant papers have been submitted by the police to the State Government for obtaining sanction for his prosecution from the Government of India. It has further been submitted on behalf of the State that Suleman has been kept in custody under due process of law i. e. pursuant to the orders of the District Magistrate, Jaipur, in accordance with the provisions of sec. 314, Cr. P. C. The offence against the petitioner is a heinous one, as it appertains to the security of the nation. It was, therefore, justifiable to keep such a person under custody pending the filing of a regular challan against him in a court of law. The State, in the and urged that Suleman's petition being mis-conceived and mala fide be dismissed.