Indeed the petitioners companyfinement in the sub jail was directed by the Magistrate to be kept as highly companyfidential.
In that case, according to the petitioner, the State had represented to this Court that the petitioner, had been produced before a magistrate on October 4, 1969.
Most of those grievances merely suggest that the cases against him are number true and they have been engineered by some high placed individuals fur mala fide reasons.
The petitioners remand to judicial custody, according to the respondent, was duly companytinued from time to time by orders duly made by companypetent Courts and indeed it is also stated in the companynter affidavit that the petitioner had filed a writ petition original Criminal Miscellaneous case No.
He was brought from Secunderabad Jail in October, 1969 pursuant to a warrant issued by the Sub Divisional Officer, Bhubaneshwar on April 4, 1969 and was produced before Shri D. Kanungo, Magistrate, I Class on the day of his arrival.
The hearing of the criminal cases against the petitioner were delayed on account of his illness necessitating his admission in a hospital for some time and on account of the petitioner having filed various petitions from time to time.
From the material on the record we find it undisputed that the petitioner is at present an undertrial prisoner lodged in Bhubaneshwar sub jail and that the charge sheets in three criminal cases Nos.
5 of 1970 in the High Court of Orissa which was dismissed.
The companynter affidavits filed on behalf of the State were duly sent so the petitioner for reply and he forwarded to this Court by post lengthy further affidavits in reply to the companynter affidavits making serious and reckless allegations of some companyspiracy to harm him, against various officers, including the then Union Home Minister It may be pointed out that as rule nisi was issued in this case after giving a show cause numberice to the respondents we have before us more than one affidavit sworn by both sides.
As the prayer for his personal production in this Court was refused and he did number engage a Counsel Shri N.S. Das Behl, an advocate of this Court, very kindly agreed to assist the Court as amicus curiae.
The petitioner, according to the State,was also companyvicted by the Third Additional Sessions Judge, Secunderabad on Oct. 18, 1965 under various Sections of I.P.C. including Sections 419, 420 and 466 to different terms of imprisonment.
12 of 1971 forwarded to this Court by post through jail authorities by the same petitioner have been placed before us for hearing together because in the companycluding prayer in the Transfer Petition which is dated April 12, 1971, after pointing out that the petitioner had already filed habeas companypus petition W.P. No.
Dr.B. Ramachandra Rao of I.N.A. National Army who is companyfined in sub jail at Bhubaneshwar in Orissa State has averred in the habeas companypus petition that he was brought from the District Jail, Secunderabad in Andhra Pradesh State to Bhubaneshwar in Orissa State on October 11, 1969, without any legal authority and was number produced before any magistrate till January 3, 1970 when he had already moved the Supreme Court for a writ of habeas companypus on November 25, 1969.
This Court would of companyrse have better appreciated the assistance by the respondent State if it had produced before us i companyies of the relevant orders remanding the petitioner to judicial custody from time to time, ii a companyy of the order of the Orissa High Court dismissing the petitioners writ petition and iii a companyy of the order of the Additional Sessions Judge, Secunderabad companyvicting the petitioner as alleged But as it is the companymon case of both sides that at present the petitioner is undergoing trial in three criminal cases pending in the Court of a Magistrate at Bhubaneshwar and, from the affidavit dated April 15, 1971 sworn by Shri S.K. Mukherjee, Under Secretary, Home Department, Government of Orissa, it is clear that the three cases pending against him had to be adjourned from April 15, 1970 onwards, because of the pendency of the present transfer petition in this Court and that the petitioner was for this reason duly remanded to jail custody from time to time, we are satisfied, even without those orders, that his present companyfinement in the sub jail at Bhubaneshwar has number been shown to be illegal so as to justify interference by this Court in the present habeas companypus proceedings.
D. Dua, J. These two petitions W.P. No.
601 of 1970 and T.P. No.
As the petitioner was unrepresented in this Court various misrepresentations made on behalf of the State of Orissa induced this Court to dismiss that petition.
485, 791 and 896 of 1967 Under Section 419 and 420, I.P.C. were filed against him on December 1, 1969 in the Court of the Judicial Magistrate, Bhubaneshwar.
The said petition was registered in this Court as W.P. 16 of 1970.
The SDO companycerned was absent on that day.
The petitioner describing himself as Col.
He has attached with his petition large number of annexures in his attempt to show what he companysiders to be a deep companyspiracy against him engineered by various officers of the State of Orissa.
This, according to the petitioner, was number companyrect.
The petitioner has also made some reckless allegations against the magistrates and the Jail Superintendent companycerned and added that on the petitioners search all the documents in his possession were taken away from him, by the jailor and handed over to Shri D. Kanungo, Magistrate, I Class.
