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 the Court, to declare his detention illegal and to set him at liberty. She impleaded the State of Jammu & Kashmir through the Chief Secretary as the first respondent the Chief Minister, the Deputy Chief Minister and the Inspector General of Police, Jammu & Kashmir as respondents 2, 3 and 4. On Sept. 13, 1985, we directed notice to be issued to the respondents and we also directed the Inspector General of Police to inform Smt Jayamala where Shri Bhim Singh was kept in custody. On Sept. 16, 1985, Shri Bhim Singh was released on bail by the learned Additional Sessions Judge of Jammu before whom he was produced. Shri Bhim Singh filed a supplementary affidavit on 20th September, 1985 stating more facts in addition to what had already been stated by Smt. Jayamala in the petition. He categorically asserted that he was kept in police lock up from 10th to 14th and that he was produced before a Magistrate for the first time only on the l4th. Thereafter on 24th Sept, 1985, we issued notice to the Director General of Police, State of Jammu & Kashmir, Mr. Mir, Superintendent of Police, Anantnag, Mohd. Shafi Rajguru, Inspector of Police, Amin Amjum, Deputy Superintendent of Police, Udhampur, Gupta, Deputy Superintendent of Police, Jhajar Kolli and the Officer-in-charge of Police Station, Satwari A counter-affidavit has been filed on behalf of the State of Jammu & Kashmir by Abdul Qadir Parrey. Affidavits have also been filed by M. M. Khajuria, Inspector General of Police, M. A. Mir, Superintendent of Police, Anantnag, Mohd. Shafi Laigroo, Inspector of Police, District Police Lines, Anantnag, Mohd. Amin Amjum, Deputy Superintendent of Police Headquarters, Udhampur and Rajinder Gupta, Probationary Deputy Superintendent of Police, Udhampur. Shri Bhim Singh has. also filed a rejoinder affidavit.

2. From the affidavits filed by the several police officers, it transpires that an FIR under S. 153A of the Ranbir Penal Code was registered against Shri Bhim Singh on Sept. 9, 1985 at Police Station, Pacca Danga, Jammu on the allegation that he had delivered an inflammatory speech at a public meeting held near Parade Ground, Jammu at 7.00 P. M. on Sept. 8, 1985. The Officer-in-charge of Police Station, Pacca Danga brought the matter to the notice of the Senior Superintendent of Police, Jammu, who in turn informed the Deputy Inspector General of Police of Jammu range. On 10th Sept., 1985, requisition for the arrest of Shri Bhim Singh was sent to the Superintendent of Police, Anantnag through. the Police Control Room Srinagar. This fact is sworn to by Shri M. M. Khajuria, Inspector General of Police, Jammu & Kashmir. Shri M. A. Mir, Superintendent of Police, Anantnag has, however, stated in his affidavit that on Sept. 9, 1985 at about 11.30 P.M. he was informed by the Police Co