S.S.GREWAL. J. - (1.) In brief facts relevant for the disposal of this matter are that Dilavar Singh, Ex-Police employee and some other Ex-Police Employees were detained under National Security Act under the orders of District Magistrate. Criminal Writ Petition No. 1192 of 1992 was filed challenging their detention. Same was allowed by this Court on 20-8-1992 whereby the detention of the said detenus was held to be illegal and they were ordered to be set at liberty if not required in any other case. Copy of the order was sent by this Court to the State Government as well as the District Magistrates and Superintendents District Jails, concerned for compliance. From 21-8-1992 to 23-8-1992 all the Haryana Offices were closed being gazetted holidays. The detenus were not released forthwith and in order to secure their release Crl. Writ Petition No. 539 of 1992 was filed on 25-8-1992 to the effect that continued detention of detenu after the order passed by this Court on 20-8-1992 amounts to illegal detention and prayer was made for appointment of a Warrant Officer to secure the release of the said detenus. Vide order dated 25-8-1992 passed by H. S. Brar, J in Crl. Writ Petition No. 539 of 1992 a Warrant Officer was directed to be appointed who was directed to proceed to Central Jail, Ambala, Central Jail Hisar, District Jail, Jind and to other places for the release of detenus forthwith unless required for commission of any non-bailable offence. Shri S. S. Aulakh, Warrant Officer went to the following Jails :- i) Central Jail, Ambala. ii) Central Jail, Hisar iii) District Jail, Karnal iv) District Jail, Jind. The release of the detenus could not be procured on the ground that the jail authorities concerned insisted that they had not received any separate release orders concerning individual detenu either from the District Magistrates (Detaining Authority) or from the Chief Judicial Magistrates concerned. The Warrant Officer, however, made a detailed report on 26-8-1992 to this Court.
(2.) However, on the evening of 26-8-1992 when this matter came up before H. S. Brar, J. Dilavar Singh, Mahinder Singh, Sish Pal, Vijay Pal, Dalbir Singh and Krishan Kumar detenus had already been released by the concerned authorities whereas the rest of the detenus could not be released because some other criminal cases registered against them under non-bailable offences were pending.
(3.) On the basis of the report of the Warrant Officer show cause notices were ordered to be issued to the Superintendent Central Jail, Ambala, Superintendent Central Jail. Hisar and Superintendent District Jail, Karnal as to why Contempt proceedings be not initiated against them for violation of the aforesaid orders of this Court. After considering the affidavits filed by the said contemners, the case was referred to Division Bench and this is how this matter has come up before us. 3-A. On behalf of the State Mr. Tarlochan Singh, who remained posted as Home Secretary, Haryana State till 24-8-1992 as well Shri A. N. Mathur, Commissioner and Secretary to Government of Haryana, Home Department, have filed detailed affidavits, after the show cause notice as to why contempt proceedings be not initiated against them was issued by Division Bench on 11-1-1994.;