Maninder Singh Sekhon vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2624

ALOK JAIN
Maninder Singh Sekhon – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
For the Petitioner:Mr.APS Deol, Sr.Advocate, Mr. Himmat Deol, Advocate; For the Petitioner with petitioner in person.
For the Respondent: Mr. Kamalpreet Bawa, AAG, Punjab.
for Respondent No. 2:Mr. R.S. Rai, Senior Advocate with Mr. Abhinav Sood, Advocate; Ms. Rubina, Advocate and Mr. Anmol, Advocate with respondent No.2 in person and alleged detenue in person.

Table of Content
1. factual background of the case (Para 1 , 2 , 3)
2. arguments of petitioner and respondent (Para 4 , 8 , 9 , 10 , 11 , 12 , 13)
3. court’s observations on concealment (Para 14 , 15 , 18 , 19 , 20 , 21)
4. maintainability of the petition (Para 25 , 29)
5. conclusion and order of the court (Para 30 , 31 , 32)

JUDGMENT

Mr. Alok Jain, J.

The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in nature of Habeas Corpus, seeking release of the alleged detenue Sidak Veer Singh, aged about 05 years being son of the petitioner, alleging him to be in the illegal custody of respondent No.2.

2. That the brief facts as narrated by the learned Senior counsel for the petitioner are narrated in the chart below: -

Date	Event	Relevant Annexure	Remark
21.03.2016	Petitioner no. 1 &Respondent no. 2 got married.	Nil	Admitted by both the parties.
06.02.2017	Son-Sidak Veer Singh bom to the parties.	Nil	Admitted by both the parties.
02.10.2017	Both the parties got separated and the child remains in the custody of respondent no. 2.	Nil	Admitted by both the parties.
24.04.2021	Parties compromi