Civil Writ Petition No. 11018 of 2007 & Criminal Misc. No. 40491-M of 2007 (1) In the High Court of Punjab and Haryana at Chandigarh Civil Writ Petition No. 11018 of 2007 and Criminal Misc. No. 40491-M of 2007 Date of Decision: 14.11.2008 Punjab and Haryana High Court Bar Association, Chandigarh though its Secretary and another ---Petitioners versus Central Bureau of Investigation and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE SURYA KANT Present: Mr.R.S.Cheema,Senior Advocate, with Mr. J.S.Mehndiratta, Advocate for the petitioner No. 1 Mr.Rajiv Godara, Advocate, for Mr. R.S.Bains, Advocate for petitioner No. 2 Mr. Rajive Sharma, Advocate for Union of India-respondent No. 2 Ms Rita Kohli, Advocate for respondent No. 3. 1. Whether Reporters of local papers may be allowed to see the judgments? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? M.M.KUMAR,J. This order shall dispose of C.W.P.No. 11018 of 2007 and Criminal Misc. No. 40491-M of 2007. The proceedings in the writ petition were initiated by the Punjab and Haryana High Court Bar Association through its Secretary Civil Writ Petition No. 11018 of 2007 & Criminal Misc. No. 40491-M of 2007 (2) against the orders dated 22.7.2007 and 23.7.2007 passed by the learned Single Judge in Criminal Misc. No. 40491-M of 2007. When the writ petition came up for consideration on 23.7.2007 itself, this court passed interim order staying the implementation of the directions issued vide order dated 23.7.2007 passed by the learned Single Judge in Criminal Misc. No. 10491 -M of 2007 to the extent that the detenue Tahar Singh, Advocate, was not to be taken to Agra. This Court has also ordered that if his custody for investigation of case FIR No. 160 dated 6.7.2-007 under Section 498A and 506 of the Indian Penal Code registered at Police Station Sector-26. Chandigarh, was not required that night by the CBI, then his custody was to be entrusted to Mr. R.S.Cheema, learned Senior Advocate, who was asked to ensure that Mr. Tahar Singh stayed with him and did not visit his house or children. The matter was ordered to be listed on the 24.7.2007. It is appropriate to mention here that the then wife of Mr. Tahar Singh, Mrs. Sujata Sharma had lodged FIR No. 160 dated 6.7.2007, to which reference has already been made and the order came to be passed by the learned Single Judge taking suo moto notice of information received in mail. Notice was issued on 23.7.2007 for 24.7.2007 and then directions were issued. Both the matters had been heard at various stages and we have been raising the issue of locus standi of the Bar with regard to the maintainability of the instant petition at its instance. Mr. R.S.Cheema, learned Senior counsel, however, has submitted that the necessity to go into the whole gamut of the issue of maintainability has been obviated in view of the significant developments which has taken place subsequent to the passing of order in Criminal Misc. and the writ petition. We are inclined to agree with the view point expressed by learned senior counsel and proceed to notice various developments to which reference has been Civil Writ Petition No. 11018 of 2007 & Criminal Misc. No. 40491-M of 2007 (3) made. The first significant development is that Mr. Tahar Singh, Advocate, who is the person aggrieved of the orders dated 22.7.2007 and 23.7.2007 passed by the learned Single Judge in Criminal Misc. No. 40491-M of 2007 has himself joined as petitioner. He filed C.M.No. 16501 of 2007 in C.W.P.No. 11018 of 2007 which was allowed by this Court on 31.10.2007. Thereafter, Mrs. Sujata Sharma also joined as party respondent in the writ petition which we had allowed. The mutual dispute between the former husband and wife has come to an end because a decree of divorce has been passed under Section 13 B of the Hindu Marriage Act by the Court of learned Additional District Judge, Chandigarh on 22.7.2008 on the basis of mutual consent given by both of them. We have Further noticed that initiation of proceedings in Criminal Misc. No 40491- M of 2007 waived because the dispute between the parties have ended in the divorce decree dated 22.7.2008 to which reference has already been made. FIR No. 160 dated 6.7.2007 registered at Police Station Sector-26, Chandigarh has been cancelled because an application made to that effect has been accepted by the Court of Additional Chief Judicial Magistrate, Chandigarh on 23.10.2008. A photocopy of that order is taken on record as Mark 'A' on the file of Criminal Misc. No. 40491 -M of 2007. Mrs. Sujata Sharma is present in the Court along with her counsel Ms. Rita Kohli. She has expressed her complete satisfaction over the developments which have culminated into passing of decree of divorce, withdrawal of criminal case and acceptance of the cancellation report by the Magistrate. She has requested for some protection from Mr. Tahar Singh her former husband. At this stage, Mr. Rajiv Godara, learned counsel for Tahar Singh-petitioner No. 2 has drawn our attention to order dated 13.7.2007 and the affidavit filed by Mr. Tahar Singh to the effect that he was not to Civil Writ Petition No. 11018 of 2007 & Criminal Misc. No. 40491-M of 2007 (4) visit Mrs. Sujata Sharma at her resident where she along with her children has been residing. Mr. Tahar had undertaken not to visit the house of Mrs. Sujata Sharma, his former wife, and had also undertaken not to go near or around the house where his wife is residing with her children. Accordingly, the aforesaid statement made in the affidavit would continue to operate especially when Mr. Tahar Singh has been released from the bond of marriage after passing of decree of divorce on 22.7.2008. This brings an end to the controversy raised in Criminal Misc. No. 40491-M of 2007. Orders dated 22.7.2007 and 23.7.2007 passed by the learned Single Judge are the subject matter of challenge in the writ petition. When the petition came up for hearing before this Court on 23.7.2007, we had stayed the operation of order of investigation by the CBI as per the directions issued by the learned Single Judge. Accordingly, no investigation was undertaken. It is also obvious that part of the order dated 23.7.2007 has remained suspended which directed the examination of Mr. Tahar Singh at Mental Hospital, Agra. However, the necessity to go into the legality of those orders has been obviated because the fundamental dispute which led to the necessity of passing order of his medical examination had stemmed from matrimonial acrimony between Mr. Tahar Singh and his former wife-Mrs. Sujata Sharma and the same stand settled by the decree of divorce dated 22.7.2008 passed on the basis of mutual consent of the parties. Therefore, at this stage, no useful purpose would be served by going into the propriety or illegality of passing of order dated 23.7.2007 which has initially led to the filing of the instant petition. We are further of the view that the order dated 23.7.2007 passed by this Court at its own motion does not amount to any declaration of Mr. Tahar Singh that he suffers from any mental incapacity. However, we feel Civil Writ Petition No. 11018 of 2007 & Criminal Misc. No. 40491-M of 2007 (5) that in view of the significant developments which have taken place, the orders dated 22.7.2007 and 23.7.2007 passed by the learned Single Judge are not required to be given effect to any further. The aforementioned course has also been accepted by all the parties. Accordingly, we feel content by disposing of the writ petition by adopting the aforementioned course. (M.M.KUMAR) JUDGE (SURYA KANT) JUDGE November 14, 2008 PARAMJIT