JUDGEMENT
-
(1.) Mr Kacker, who appears on behalf of the State of Jammu and kashmir, has made a statement before us that all the four persons namely, Uday Chand, Shiv Kumar, Ashok Kumar and Bansi Lal have already been released on bail inpursuance of the Order passed by this court on 2/03/1981. If that be so, there is no question of the petitioners being in custody any longer. We direct that Ashok kumar against whom an FIR under S. 307 of the Penal Code is alleged to have been lodged, shall present himself before the Magistrate concerned on the due date for his appearance viz. 16/03/1981. Until 16/03/1981, Ashok Kumar shall not be taken into custody except in respect of an offence committed by him hereafter. In theevent it becomes imperative to arrest Ashok Kumar for any such alleged offence committed by him hereafter, the' authorities concerned shall give intimation to this court of such arrest promptly.
(2.) We direct that the State shall file, through an officer properly informed in that behalf, an affidavit in this court within one week from today in regard to the allegations made by the petitioners that the heads of two of them were shaved off after they were taken into custody. If it be true that their heads were so shaved, the person responsible for passing the order in that behalf shall disclose the authority under which he acted.
(3.) We further direct that the S. S. P. , Jammu, shall file an affidavit in this court within one week from today in regard to the allegations made against him in paragraph 9 of the petition to the effect that he said that "his arms were longer than those of the Supreme court";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.