His father and six others were arrested on 26 1 1961 under s. 107/151, Cr.
He was also companyvicted in a case under the Prisons Act and sentenced to six months rigorous imprisonment, which sentence was also companyfirmed by the High Court.
411/414, Indian Penal Code, and a report was sent against him under s. 107/151, Cr.
D. Kaushal, Deputy Advocate General for the State of Punjab and P. D. Menon, for the respondent.
S. Mukund Singh died without leaving any male issue and the estate came under the Court of Wards, and the petitioner obtained some of the lands from the Court of Wards.
Further, a suit has been filed against the petitioner by the widow of S. Mukund Singh for Rs.
33/3 and 33/4 of 1963, under S. 52 of the Prisons Act, pending in the Court of Magistrate Ist Class, Amritsar, to a companypetent Court outside the State of Punjab.
What is number admitted or evasively denied in the affidavit of the State Government are the following facts stated by the petitioner on affidavit After his election to the Vidhan Sabha, he has number been able to attend any meeting because he has been arrested and companytinuously kept in ail, that the petitioner is a protagonist of the Punjabi Suba, and supported the Akali candidates as against the Sadh Sangat Board which is supported by the Chief Minister and that in the criminal cases in which the Peti tioner was arrested, a bail of rupees one lakh was demanded from him as also from his father and six others.
9 of 1963.
Further, while he was in jail, S. Surrinder Singh with police force took possession of the lands in September, 1960, and though a criminal companyplaint was filed against S. Surrinder Singh for threatening the petitioners wife with a gun, the companyplaint was dismissed by the companyrt for default of appearance of the petitioner as he was in jail and companyld number attend it.
The petitioner was also arrested in a case under the Arms Act, and another, under the Indian Opium Act.
S. Mukund Singh, the father in law of S. Surrinder Singh, owned vast lands.
The petitioner points out that another petition of S. Mohan Singh Tur was transferred from the Punjab to Saharanpur by this Court.
12,500 for arrears of rent and for eviction, and in the written statement made by the petitioner in that suit, he has alleged that the Court of Wards is being specially companytinued to save the application of the ceilings on land to the property left by S. Mukund Singh.
S. Surrinder Singh Kairon, son of the Chief Minister, and S. Ranjit Singh Grewal, who was posted as Senior Superintendent of Police at Amritsar, have married sisters.
The petitioner requests that these cases be transferred outside the State of Punjab for disposal.
The Judgment of the companyrt was delivered by HIDAYATULLAH J. This is a petition by one Hazara Singh Gill for the transfer of two criminal cases Nos.
However, the question is number one of finding such a magistrate and entrusting the cases to him.
These further allegations, which have number been either admitted or denied, are of a very serious character, and one would have expected that an affidavit in reply would have been filed at least in respect of some of them, as for example, that the Magistrate had asked for excessive bail, or that the criminal companyplaint stood dismissed because the petitioner companyld number attend his case.
The petitioner was held for interrogation on a remand by the companyrt.
The petitioner was companyvicted and sentenced to two years rigorous imprisonment in the case under the Arms Act and that sentence has been upheld by the High Court.
33/3 and 33/4 of 1963 under S. 52 of the Prisons Act, pending for trial in the companyrt of Mr. Sant Singh, Magistrate, First Class, Amritsar.
In May, 1960, the agitation for what is described as the Punjabi Suba was started and the petitioner was arrested under ss.
P. C., and a warrant was also issued.
May 10, 1963.
He was elected as member of the Punjab Vidhan Sabha in the last General Elections after defeating Hardip Singh, the brother in law of the Chief Minister of the State.
Petition under S. 527 Criminal Procedure Code for Transfer of cases Nos.
S. Vohra and Harbans Singh, for the petitioner.
In the present case, the petitioner has asked for the transfer of the cases from the State of Punjab, and his allegation is that as there is numberseparation of the Judiciary from the Executive, the magistracy is under the companytrol of the Executive and he would number get justice at the hands of any magistrate in the State.
The facts, in so far as they have been admitted by the State of Punjab, are as follows The petitioner is a resident of village Rattoke in the Amritsar District.
The two cases in which the transfer is asked for are number pending and they have been referred to the Magistrate by the Superintendent, Jail, Amritsar.
P. C., but were discharged as a result of companypromise in companyrt.
Since such a heavy bail companyld number be furnished, his father and the other persons languished in jail for four months till they were discharged on companypromise in companyrt, while he companytinued in jail.
