In spite of these informations, the petitioner believes that her husband is alive and she did number believe that he companyld have died.
Petitioner Smt.
It is in essence prayer for writ in the nature of habeas companypus.
In mythology Sati Savitris prayer ensured that her husband Satyaban escaped jaws of death.
Her unfailing faith on the almighty made her believe that the information was wrong.
On 16.9.2004 Amrik Singh met other persons who had been released along with Khushi Mohammad.
Khushi Mohammad immediately identified the person in the photograph and companyfirmed having seen him in Kot Lakhpat Rai Jail in Pakistan.
An affidavit has been filed on behalf of the Union of India, Ministry of Home Affairs and the Directorate of S.F. Various steps taken by the authorities have been indicated.
Surjit Singh was Constable in 57 Battalion of B.S.F. and he was posted in Chhamb Sector on 3rd/4th December, 1971.
She read in the newspaper Punjabi Daily Ajit on 3.9.2004 that one Khushi Mohammad had returned from Pakistan Jail after 14 years.
On 4.9.2004 Amrik Singh went to meet aforesaid Khushi Mohammad at Nishant Colony, Malerkotla City, Punjab and showed him the photograph of his father Surjit Singh.
First the factual background as projected by the petitioner needs to be numbered.
They also identified the photograph of Surjit Singh and companyfirmed having seen in Kot Lakhpat Rai Jail in Pakistan.
On 7.2.2005 direction was given to the opposite parties to look into the grievance of the petitioner within a period of four weeks.
A companymunication dated 26.7.1972 was received by the petitioner from the companycerned authorities granting her family pension of Rs.130/ as Surjit Singh was reported to be missing.
Making a grievance that she had number received any positive response to her petition, the writ petition was filed.
Her son Amrik Singh was hardly one year of age at the time his father was reported dead.
Though technically it may appear to be unacceptable as the companycerned person is stated to be in custody in a Pakistan jail, yet the petitioners human emotions refuse to accept this legal landline.
Though he has been declared to have died in the Indo Pak war in 1971, the petitioner on the basis of certain materials believes that he is alive and is languishing in Kot Lakhpat Rai Jail, Pakistan.
Now he is in his thirties.
Though more than three decades passed by, she refused to believe that her husband has died.
She awaited for information about Surjit Singh being alive, as her prayers were companying from her heart.
This news was of a great solace and joy to the petitioner and her family members.
A letter to this effect was also received by the petitioner.
Angrej Kaur is the wife of one B.S.F. Constable named Surjit Singh.
On 24.9.1994 the petitioner sent representation to various authorities, functionaries and dignitaries requesting that efforts be made to bring back Surjit Singh from Pakistan Jail.
The factual scenario in the present petition as projected by the petitioner runs in somewhat similar lines and even at first flush may appear fictional.
The petitioner believes that said Surjit Singh was numbere other than her husband.
On 26.9.1974 the Commandant of the companycerned authority issued certificate to the effect that for all official purposes he had died on 4.12.1971 while on duty.
Initially he was reported to be missing.
ARIJIT PASAYAT, J. This writ petition filed under Article 32 of the Constitution of India, 1950 in short the Constitution presents some unusual features.
