D.V.Singh v. Union Of India & ORS

CWP No.16048 of 1997(O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 16048 of 1997(O&M) Date of Decision: March 12 , 2020.

D.V.Singh ...... PETITIONER (s)

Versus

Union of India and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Ravi Sodhi, Advocate and Mr. M.M.Pandey, Advocate for the petitioner.

Mr. Naresh Khepar, Advocate for Mr. Abhinav Gupta, Advocate for the respondent-UOI.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This petition has been filed seeking issuance of a writ declaring the period from 01.11.1996 to 08.11.1996 as one of illegal detention of the petitioner. The petitioner also seeks compensation for the same and action against the erring officials.

As per averments in the petition, the petitioner was kept under closed arrest for the abovesaid period. The petitioner claims the detention to be OMKAR SINGH 2020.03.16 16:15 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP No.16048 of 1997(O&M) [2] illegal.

An application, CM No.5731-CWP of 2018 has been moved under Section 34 of the Armed Forces Tribunal Act, 2007 read with Article 226 of the Constitution of India, on behalf of the respondents seeking transfer of this writ petition to the Armed Forces Tribunal, keeping in view the fact that the present controversy falls within the ambit of matters to be decided by the said Tribunal. Learned counsel for the petitioner is unable to point out anything to the contrary which would justify the continuation of the writ petition before this Court. He, however, points out that as the matter is an old admitted case, he is not in touch with the petitioner, who has not responded to any of his correspondence at the available address. Therefore, he would not be able to inform the petitioner about the transfer of the petition.

Keeping in view that jurisdiction for adjudicating upon the lis is now of the Armed Forces Tribunal, this writ petition is transferred to the concerned Armed Forces Tribunal for consideration and adjudication. It is further directed that the respondents shall intimate the petitioner in this respect within two weeks.

( LISA GILL ) March 12 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2020.03.16 16:15 I attest to the accuracy and integrity of this document High Court, Chandigarh