C.M. No.19570-CII of 2008 and C.O.C.P. No.321 of 2008 Resham Singh Vs. B.L. Soni, DIG, CBI, Chandigarh Present: Mr. Rahul Chhatwal, Advocate for the petitioner. Dr. Anmol Rattan Sidhu, Sr. Advocate with Sukhdeep Singh Sandhu, Advocate for respondent. PERMOD KOHLI J.(ORAL) ******** C.M. No.19570-CII of 2008 Application allowed. Written statement is taken on record. C.O.C.P. No.321 of 2008 Respondent is present in person pursuant to the bailable warrants issued to him. In the reply, it is stated that even though the direction was issued by this Hon'ble Court vide order dated 23.07.2007 to the DIG, CBI, Chandigarh to produce the detenue. However, this order could not be complied with by CBI as neither the investigation was ever transferred to the CBI nor the detenue was/is in custody of the CBI at any given time and thus under these circumstances, the CBI preferred the Special Leave Petition before the Hon'ble Supreme Court which is still pending. The copy of the orders dated 10.03.2008 and 18.07.2008 passed by Hon'ble Supreme Court have been produced today. From the first order, it appears that the Hon'ble Supreme Court has stayed the operation of the impugned judgment i.e. dated 23.07.2007 for a period of four weeks. Further clarification was made by the Hon'ble Supreme Court that the stay will not prevent the respondent Nos. 2, 3 and 4 from producing the detenue before the Court. It is relevant to notice that respondent Nos.2, 3 and 4 are the State Police officials. Since C.M. No.19570-CII of 2008 and -2- C.O.C.P. No.321 of 2008 the detenue was never in custody of the CBI, it is difficult for this Court to seek enforcement of the order dated 23.07.2007. In any case, the Special Leave Petition is still pending and the matter is under consideration of Hon'ble Supreme Court. I do not find that this is a fit case where this Court should exercise the contempt jurisdiction and proceedings are dropped. This however, does not prevent the petitioner from seeking appropriate clarification from the concerned Court. Disposed of. October 1, 2008 (PERMOD KOHLI) Pankaj* JUDGE