- (1.) This habeas corpus has been filed by Ruab Uddin for production of his son Kaleem (corpus-petitioner no.2) by claiming that his son, the corpus, is being illegally detained without any authority of law.
(2.) Upon consideration of the averments made in the petition and on perusal of the written instructions provided to the learned AGA, on 04.07.2019, we had passed following order:- "In this habeas corpus petition, which has been filed by the petitioner no.1, who is father of the corpus-Kaleem (petitioner no.2), a prayer has been made for a direction upon the respondents to produce the corpus Kaleem (petitioner no.2) before the court. In paragraphs 5, 6, 7 and 8 of the petition it has been stated that the corpus Kaleem was arrested from his house on 7th March, 2019 and a false police encounter was shown. It is stated that the corpus sustained injuries and he was hospitalized at S.R.N. Medical College, Prayagraj by the police. It is alleged that the police neither produced the corpus before the Magistrate concerned nor obtained any order of remand and had been continuously keeping the corpus in illegal detention since 9th March, 2019 under the pretext of providing medical aid. It has also been stated that the petitioner had moved an application before the ACJM, Court no.17, Allahabad for surrender on 3rd June, 2019 but the police did not submit any report in the court, till date. On the above submissions, on 1st July, 2019, learned AGA, who had accepted notice on behalf of respondents 1, 2 and 3, was directed to seek instruction from the police station concerned whether the corpus (Kaleem) is in police custody or not and if he is not in police custody, then whether he has been produced before the court or was ever arrested. Pursuant to the order dated 1st July, 2019, learned AGA has obtained written instruction from Sushil Kumar, Sub-Inspector, police station Soraon, district Prayagraj. A perusal of the written instruction would reveal that on 9th March, 2019, the corpus was arrested and in the process, as there had been exchange of fire, he had sustained injuries on his leg and, therefore, had to be admitted in S.R.N. Medical College, Prayagraj on 9th March, 2019. In paragraph 4 it is stated that a remand application was moved before the remand Magistrate. It has, however, not been disclosed whether any order of remand was passed by the remand Magistrate on the said application. In paragraph 8 it has been stated that the alleged corpus is still under treatment in S.R.N. hospital in police custody. It has not been disclosed as to under which order the corpus is continuing in police custody since 9th March, 2019 and whether any order of remand was passed or not. In view of the above, we deem it appropriate to direct the Station House Officer, police station Soraon, district Prayagraj to produce the corpus (Kaleem) before the Court on Monday along with all the papers concerned, if any, in respect of his remand. List/Put up this matter on Monday i.e. 8th July, 2019. Let a copy of this order be supplied to the learned AGA today itself for compliance."
(3.) On 08th July, 2019, the matter was adjourned to 09.07.2019 and, thereafter, again, adjourned to 10th July, 2019. On 10th July, 2019, following order was passed:- "Pursuant to our order dated 04.07.2019, Sri Susheel Kumar, Sub-Inspector, P.S. Soraon, District Prayagraj is present and has produced the corpus along with certain papers to show that on 09.03.2019 the remand order was obtained from the remand Magistrate, Allahabad (Prayagraj). The papers are incomplete in the sense that they do not disclose whether this remand was extended from time to time and whether the detenue was produced for the purpose of obtaining remand. Let a detailed affidavit be filed bringing on record all the relevant papers and facts. List this matter on 15.07.2019 by which date affidavit as above may be filed.";