Criminal Writ Petition No. 874 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Writ Petition No. 874 of 2009 Date of Decision: 28.1.2011 Amaninder Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Harinder Pal Singh Ishar, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India praying that a writ, in the nature of Habeas Corpus, be issued to effect immediate release of the detenues, namely Bhagwant Singh Samao and Harbhagwan, who are stated to have been unlawfully detained. Learned counsel for the petitioner has very fairly submitted that now both the detenues are no longer in an unlawful custody. However, a prayer has been made that the respondents, one way or the other, played tactics to defeat the liberty of Bhagwant Singh Samao and Harbhagwan, even when they got bail from the Court of competent jurisdiction. He further submitted that after furnishing their bail bonds, Criminal Writ Petition No. 874 of 2009 2 even though the Court has issued their release warrants, the detenues were kept in jail on the ground that another Court has issued their production warrants. He further submitted that the issuance of production warrants, in no way, empower the Jail Authorities to keep the detenues in custody. He further contended that as and when the detenues came out of the Jail, they were arrested in another case and multiple cases have been registered against them due to malafide intentions. Learned counsel further urged that for these acts of omission and commission, the respondents have violated the human rights of Bhagwant Singh Samao and Harbhagwan. Therefore, this Court should award compensation by way of damages in favour of the petitioner. On the observation made by this Court that the writ Court is hesitant to take evidence of the concerned for assessing the damages and to decide the disputed questions of fact, learned counsel for the petitioner submits that he may be relegated to approach the Punjab State Human Rights Commission and the present writ petition may be dismissed as withdrawn. As prayed, the present writ petition is dismissed as withdrawn with the liberty to the petitioner or detenues to approach the Punjab State Human Rights Commission for seeking relief which is due to them, in accordance with the provisions of law. (Kanwaljit Singh Ahluwalia) Judge January 28, 2011 “DK”