V.M.JAIN,J - (1.) THIS order shall dispose of the above-mentioned two petitions, as common questions of law are involved in both the cases.
(2.) CRIMINAL Misc. 27680-M of 2000 has been filed by accused-petitioner, Charanjit Singh, alleging therein that since his arrest in the month of August, 1999, he is detained in Ward No. 3, Jail No. 3, Tihar Central Jail, New Delhi. It has been alleged that as at present, he is in custody in the below mentioned 5 cases :- (i) FIR 177/1999 registered under Section 25, 54/59 Arms Act, 4/5 Explosive Substances Act, relating to Police Station Mallanwala, District Ferozepur, pending in the Court of Sessions Judge, Ferozepur. (ii) FIR 349/1998 registered under Section 4/5 Explosive Substances Act, 25/54/59 Arms Act and Section 18 of the NDPS Act, relating to Police Station Sadar, Jalandhar, pending investigation. (iii) FIR 398/1999 registered under Sections 25, 54/59 Arms Act relating to PS Sadar, Jalandhar, which is pending in the Court of JMIC, Jalandhar. (iv) FIR 258/1999 registered under Section 25, 54/59 Arms Act relating to Police Station Alipur, Delhi, pending in the Court of Sh. Raghubir Singh, Additional Sessions Judge, Teeshazari Courts, New Delhi. (v) FIR 680/1999 registered under Section 379/411, IPC, relating to Police Station Paschim Vihar, New Delhi, pending in a competent Court at Teeshazari, New Delhi." It has further been alleged that out of the above-mentioned 5 cases, 3 cases are pending in the various Courts in Punjab, whereas the remaining 2 cases are pending in New Delhi Courts. It has been alleged that so far as the cases pending in the New Delhi Courts are concerned, the accused-petitioner is facing regular trial, whereas out of 3 cases pending against him in the various Courts in the State of Punjab, he is being produced only in the Court of Sessions Judge, Ferozepur, in the case mentioned at Sr. No. 1 above, but in the other 2 cases, pending against him in the Courts at Jalandhar, the accused-petitioner is not being produced in those Courts, even though the Police has already submitted the challan. It has been alleged that inspite of the production warrants being received in Tihar Jail, New Delhi, in this regard, the petitioner is not being produced in those Courts at Jalandhar. It has been alleged that it is incumbent upon the Police as well as the jail authorities to ensure that the accused is produced in the Court for facing trial on each and every date of hearing, as required under Section 267, Cr.P.C. It has further been alleged that Article 21 of the Constitution of India enshrines every citizen a right to life and liberty, which includes fundamental right of speedy trial. It has been alleged that since the accused-petitioner is not being produced in the Courts at Jalandhar, the trial of the accused-petitioner, in those cases, is being delayed. It was accordingly prayed that directions be given to the respondents to ensure that the petitioner is produced in the various Courts at Jalandhar and Ferozepur (in the State of Punjab) pending against him, on each and every date of hearing.
(3.) IN Criminal Misc. 27700-M of 2000, it has been alleged by the accused- petitioners, namely Balbir Singh son of Kalyan Singh, Gurdeep Singh, son of Kirpal Singh and Balbir Singh son of Lal Singh, that the petitioners, namely, Balbir Singh, Gurdeep Singh and the other Balbir Singh, are facing trial in the following 2 cases, which are common to all three of them :- (i) FIR 1068 of 1996, registered under Section 302/307, IPC, 3/4/5 Explosive Substances Act, relating to PS Sirinivaspuri, New Delhi, pending in the Court of Sh. P.K. Bhasin, Addl. Sessions Judge, New Delhi, in which there are in all 59 witnesses and only 36 have been examined so far. (ii) Case FIR 559/1996, registered under Section 302/307, IPC, 3/4/5 Explosive Act, relating to Police Station, GRP, Ambala Cantt., in which all the three accused were taken on remand, but thereafter no proceedings have been placed before the Court of Special Judge of Railways, Ambala." ;