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1996 Supreme(SC) 133

S.C.AGRAWAL, G.T.NANAVATI
Thirath Ram Saini – Appellant
Versus
State Of Punjab – Respondent


ORDER

1. This petition under Article 32 of the Constitution was filed by the petitionet; Thirath Ram Saini, on 13-9-1993 for issuance of a writ of habeas corpus for directing the respondents to produce Daijit Saini, the son of the petitioner, and Om Prakash, the brother-in-law of the petitioner, who were claimed to have been illegally detained by Punjab Police since 9-8-1993. On 4-10-1993 Daijit Saini appeared in this Court and stated that he and Om Prakash had been released on 2-10-1993 at Pathankot. He made a statement in court that he had been taken into custody on 9-8-1993 and was kept in illegal detention till 2-10-1993 and that during this period he was beaten and tortured. Under order of this Court dated 4-10-1993 Daljit Saini was medically examined by a Medical Board at the All India Institute of Medical Sciences, New Delhi, on 5-10-1993. The alleged detention of these two persons was, however, denied in the counter-affidavits filed on behalf of the respondents. Having regard to the averments contained in the affidavits filed in support of the writ petition and the counter- affidavits filed on behalf of the respondents this Court considered it necessary to ascertain the tru



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