CASE NO.: Writ Petition (crl.) 920 of 1984 PETITIONER: RAM JETHMALANI RESPONDENT: UNION OF INDIA DATE OF JUDGMENT: 20/06/1984 BENCH: Y.V. CHANDRACHUD CJ & P.N. BHAGWATI & S.M. FAZALALI & E.S. VENKATARAMIAH & A. VARADARAJAN JUDGMENT:
JUDGMENT
1985 ( 1 ) SCC 116 = 1984( 2 ) SCALE 214
With
Writ Petition (Crl.) 929-30 and 934 of 1984
The Order of the Court was as follows :
1. We direct that the Registrar of this Court Shri R. Subha Rao, along with
an officer of this Registry knowing the language of the detenu, will meet
and shall be allowed to meet the detenu Sant Harchand Singh Longowal for
the purpose of ascertaining whether the detenu desires that this habeas
corpus petition should be pursued on his behalf. The Registrar shall hand
over to the detenu a copy of this habeas corpus petition, which was filed
by Miss Rani Jethmalani, advocate. The Registrar and the officer
accompanying him will explain to the detenu the substance of the habeas
corpus petition and the nature of the habeas corpus petition and the nature
of the relief sought therein.
2. No other person, including any officer or member of the staff of the
place in which the detenu is kept, shall remain present or be within the
hearing distance at the time when the two officers meet the detenu. The
officers will convey to the detenu that if he desires to file a habeas
corpus petition he can do so either by himself or through any other
representative. If the detenu so desires, he may ask the Registrar to treat
this habeas corpus petition as if it were filed by him or by a
representative authorised by him.
3. In the mean while, the pleading shall be completed as directed below.
The counter-affidavit, if any, shall be filed by the respondent, the Union
of India, within two weeks from today. The rejoinder, if any, shall be
filed within ten days thereafter.
4. The particulars of the place where the detenu is kept shall be furnished
to the Registrar by the respondent by forenoon tomorrow.
5. The two officers of this Court, the Registrar and one other, will meet
the detenu expeditiously, preferably within the next four days. They will
submit their report to this Court in a sealed cover. The Registrar will,
during the courses of this day, communicate to the office of the learned
Attorney-General the name of the other officer of the Registry, who will
accompany him.6. All the habeas corpus petitions shall be listed for
hearing before a Bench of five Judges on July 17, 1984.
