KANWAR SINGH DHAMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are presently detained in Model Jail, Chandigarh, in pursuance of the order of this Court made on 27th April, 1994 in Criminal Writ Petition No. 240 of 1994. In this petition they have prayed that their trial which is going to be held by the Designated Court at Hoshiarpur should be transferred to the Designated Court at Chandigarh, as they fear that in case they are taken to Hoshiarpur, they will suffer physical harm at the hands of the Punjab Police along the way.

(2.) THE facts of the case have been taken from the present petition as also from the judgement rendered in the aforesaid case. It appears from the averments that the petitioners, who are husband and wife, were illegally detained in the District Jail at Patiala. As they had been meted out cruel treatment at the hands of the Punjab Police, they sought their transfer from the Jail at Patiala to the one at Chandigarh. Two of the points highlighted in Criminal Writ Petition No. 240 of 1994 were that the respondents -herein, i.e. the State Authorities had ill treated petitioner No. 2 to such an extent that she had aborted her pregnancy and that they apprehended serious injury at their hands in case they were allowed to be removed from the jail premises for remand etc. On April 14, 1994,A.S. Nehra, J. made the following interim order :

(3.) THE Chandigarh Police only would bring the under trials from Patiala Jail to Burail Jail, Chandigarh. This prayer asked for during the course of arguments, has not been opposed by Mr. Aggarwal, learned Additional A.G., Punjab.