High Court Punjab-Haryana High Court

Sohanbir vs State Of Punjab And Others on 2 January, 2009

Punjab-Haryana High Court
Sohanbir vs State Of Punjab And Others on 2 January, 2009
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                Crl. Writ Petition No. 82 of 2009
                                Date of decision : 02.02.2009


Sohanbir
                                                            ....Petitioner

                                      V/s


State of Punjab and others
                                                            ....Respondents.

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Maharaj Kumar, Advocate
for the petitioner.

Mr. Shailesh Gupta, DAG Punjab.

Mr. Raman Sharma, Advocate

RAJAN GUPTA J. (ORAL)

Learned counsel for the petitioner submits that pursuant to

order dated 20.01.2009, passed by this Court, all the detenus have been

released from the detention. He therefore, prays that the present petition

may be dismissed as infructuous. Report of the warrant officer has also

been received in this regard which is to the following effect:

“Thereafter, all the said alleged detenus alongwith their
belongings left the PATHAER in a truck and accompanied
me upto the said Police Station.

In view of the directions issued by this Court in
Crl.W.P. No. 242 of 2008, I hereby submit specific report as
under:

Since the said alleged detenus/labourers were found
ready with their belongings to leave the PATHAER and no
boundary wall was there which could restrict their movements
and keeping in view the fact that the Munshi of the brick kiln
stated that he has no objection in case the alleged
Crl. Writ Petition No. 82 of 2009 -2-

detenus/labourers leave the PATHAER and also keeping in
view the fact that Rakesh, Munishi, respondent No. 7 himself
asked the alleged detenus/labourers to leave the same,
therefore, it can be well inferred that the alleged detenus were
not in illegal detention of the respondents.”

In view of the above, this petition has become infructuous and

the same is dismissed as having been rendered infructuous.

02.02.2009                                               (RAJAN GUPTA)
Ajay                                                        JUDGE