NEW DELHI: The Supreme Court declined to consider quashing of proceedings against former Punjab and Haryana High Court Judge Ajit Singh Bains detained by the Punjab State Government under the Terrorist and Disruptive Activities (Prevention) Act and the Indian Penal Code.
The court also declined to entertain the bail plea for the former judge in view of the trial pending before a designated court.
Vacation Judge Justice MN. Venkatchelliah observed that he was not inclined to hear arguments on the question of quashing of proceedings and bail.
He was however inclined to consider other reliefs sought in two petitions filed by the former judge’s wife Rachpal Kaur Bains.
He directed the Punjab Government to provide necessary medical treatment and other facilities to Bains during his detention.
The court adjourned hearing of the two petitions to July 9 as the counter affidavit by Punjab Chief Minister Beant Singh respondent number two in both the petitions could not be filed.
One of the petitions special leave petition was detected against an order of the Punjab and Haryana High Court dismissing Bains habeas corpus petition challenging the detention of her husband after his arrest on April 4.
While dismissing her petition the High Court had however ordered a judicial inquiry into the alleged handcuffing of Bains at the time of his arrest.
In her second petition Mrs.Bains sought quashing of proceedings and immediate release of her husband.
She also sought punitive costs against the “politically motivated arrest at the instance” of Chief Minister Beant Singh” and damages for illegal detention of her husband besides returning the cash and jewelry already removed from Mr. Bains” residence during a search
Article extracted from this publication >> June 26, 1992
