Crl. W.P.No.733 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. W.P.No.733 of 2009(O&M) Decided on : 24-09-2009 Surjit Singh ....Petitioner VERSUS Sr. Superintendent of Police and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- None for the petitioner. Mr. B.B.S.Teji, AAG, Punjab. MAHESH GROVER, J This order shall be read in continuation of order dated 6.7.2009. Reply has been filed by the State of Punjab. Nobody appears on behalf of the petitioner. In the order dated 6.7.2009 this Court had already noticed the peculiar facts which have led to the passing of that order on that date. The counsel for the petitioner has chosen not to appear after the filing of the instant petition. There is thus no material on record from which the averments made in the written statement which broadly conform to the information gathered by the Warrant Officer can be said to be incorrect as the same have not been controverted by either the petitioner or his learned counsel. From the reply, it is abundantly clear that the alleged detenue Joga Singh was arrested by the police on 30.6.2009 at 3:30 and the requisite Crl. W.P.No.733 of 2009(O&M) 2 entry finds mention in the DDR no .27 of the same date at 4:50 P.M. The averments in the petition are therefore palpably wrong and erroneous. The Court had noticed in the order dated 6.7.2009 that the learned counsel for the petitioner had called me up between 12:15 to 12:30 A.M and urged that the instant petition be taken up instantly as it pertains to the life and liberty of the individual. The counsel persisted even when he was apprised of the fact that he had to get in touch with the officer of the High Court and preliminaries of the numbering and listing of the petition would have to be gone into and thereafter it would also necessitate the appointment of a Warrant Officer. Despite the fact that it was brought to the notice of the counsel, he still persisted with his prayer. The Court obviously was handicapped because no such officer was available at that point of time at night. He was also advised to contact any of the officer of the Registry and come in the morning. Subsequent thereto he again gave me telephonic call at 5:30 A.M and insisted that the petition be taken up for hearing immediately. He had obviously not cared to get in touch with the Registry. He was accordingly directed to come present at my residence at 6:00 A.M upon which he presented the petition. By that time I directed my Personal Secretary to direct the concerned official of the High Court to come to my residence. Prima facie considering the fact that petition is of habeas corpus involving life and liberty of an individual, therefore, notice of motion was issued to the respondents and a Warrant Officer was appointed to proceed to make a search of the detenue Joga Singh and he was directed to be produced before this Court on the next date of hearing. The matter was directed to be listed for 5.7.2009. Mr. Gian Sharma, Superintendent of this Court was appointed Crl. W.P.No.733 of 2009(O&M) 3 as Warrant Officer to carry out the directions of this Court. He submitted his report on 5.7.2009 in which he has stated that he received a call at about 8:30 A.M intimating him that he has been appointed as Warrant Officer. He was also informed that the petitioner and his counsel Sh.Chander Takshak would be approaching him alongwith necessary notices and orders for onward journey to Batala. By 9:30 A.M the Warrant Officer was ready to proceed to Batala. He kept waiting for the petitioner and his counsel to reach his residence but they failed to reach his residence by 12' o clock. He then called Sh.Chander Takshak Advocate as to why they have not come to his residence to enable him to proceed to Batala in order to carry out the search as per the orders of the Court. He also expressed his anxiety that long distance has to be covered. Thereupon he was informed that petitioner does not want to go for the search of the alleged detenue as he has got a telephonic call that the alleged detenue has already been arrested and produced in the Court of Sh.Raman Kumar, JMIC, Batala on that very day. Thereafter, Warrant Officer on his own contacted Police Station, Sadar Batala and he was informed by Additional MHC that FIR no. 69 dated 25.6.2009 has been registered wherein some unknown persons were mentioned who were involved in an attack and during the investigation it transpired that Joga Singh, alleged detenue was involved in the incident. He was arrested on 30.6.2009 at 4:50 P.M and DDR No. 27 dated 30.6.2009 on the same day was recorded by ASI Jagir Singh and he was produced before Sh. Raman Kumar, JMIC, Batala who ordered to send him in the judicial custody. As observed above, the report of the Warrant Officer and the averments made in the reply have gone uncontroverted. The Court therefore Crl. W.P.No.733 of 2009(O&M) 4 is not inclined to disbelieve them. The petition, therefore, was filed with false averments. What has aroused the concern of the Court is that the manner in which the petition has been filed with false allegations and also the manner in which the Court was approached in the dead of night and then in the wee hours of the morning. The counsel for the petitioner has shown utter disregard for the Court and its proceedings. He has completely abdicated his responsibility towards the Court. He has chosen not to appear at all but was hyper active when the petition was to be filed which is indicated from the fact that he was repeatedly calling up the Court at midnight. Such a behaviour by a counsel of the Court is unprecedented and reveals the mind set which does not behove an Advocate. Such a behaviour at best can be termed to be impertinent and the attitude insolent and disdainful. The petition is, therefore, dismissed with a costs of Rs.25,000/- which shall be recovered from the counsel for the petitioner and deposited in the Lawyers Welfare Fund of this Court. Chief Judicial Magistrate, Chandigarh is directed to carry out the orders within a period of two weeks from today. September 24, 2009 (Mahesh Grover) rekha Judge