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1985 Supreme(SC) 379

O.CHHINNAPPA REDDY, V.KHALID
Bhim Singh, Mla – Appellant
Versus
State Of J & K – Respondent


Advocates:
A.SHARAN, Altaf Ahmed, E.C.AGARWAL

JUDGMENT

CHINNAPPA REDDY, J.:— Shri Bhim Singh, a Member of the Legislative Assembly of Jammu & Kashmir, incurred the wrath of the powers that be. They were bent upon preventing him from attending the Session of the Legislative Assembly of Jammu & Kashmir, which was to meet on 11th September, 1985. That appears to be the only inference that we can draw from the circumstances of the case to which we shall now refer. On August 17, 1985, the opening day of the Budget Session of the Legislative Assembly, Shri Bhim Singh was suspended from the Assembly. He questioned the suspension in the High Court of Jammu &. Kashmir. The order of suspension was stayed by the High Court on 9th September, 1985. Or. the intervening night of 9th- 10th September, 1985, he was proceeding from Jammu to Srinagar. En route, at about 3.00 A. M. (on 10th), he was arrested at a place called Qazi Kund about 70 kms. from Srinagar. He was taken away by the police. As it was not known where he had been taken away and as the efforts to trace him proved futile, his wife Smt. Jayamala, acting on his behalf, filed the present application for the issue of a writ to direct the respondents to produce Shri Bhim Singh before












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