Munshi Ram vs State of Jammu and Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(J&K) 24

Munshi Ram – Appellant
Versus
State of Jammu and Kashmir – Respondent

Advocates:
Advocate Appeared:
For the Respondents:Mr. A. V. Gupta, Sr. Advocate with Adiiya Gupta, Advocate

JUDGMENT :

N. Paul Vasanthakumar, J.

This writ petition is filed by the petitioners who were implicated as accused persons in case No. 43. Sessions titled State v. Ram Lal on the file of learned Additional Sessions Judge, Jammu. Before the Acquittal was recorded by the learned Additional Sessions Judge, one Harinder Singh Sahi filed WPPIL no. 1175/1988 seeking directions to the Senior Superintendent of Police Jammu to execute the warrants issued by the Additional Sessions Judge Jammu on 09.07.1988 for securing presence of respondent no. 5 in the said writ petition. On 20.09.1988 the Division Bench asked the writ petitioners to show the locus standi to file the writ petition. During the pendency of the writ petition the petitioners herein were acquitted on 11.10.1988

2. The writ petition was heard by the Division Bench on 04.11.1988 and one of the learned Judges gave a finding that the writ petitioner, Harinder Singh Sahi had no locus standi to file the writ petition. The learned Judge also gave a finding that there was no iota of evidence in the case implicating respondent no. 5 with the commission of rape, who was a Minister in the State Cabinet and the writ petition was filed simply