Ram Jethmalani And Ors. vs Union Of India (Uoi)
- SCC(1985) 1 SCC 116
Ratio decidendi
The rule this decision rests on
Where a habeas corpus petition is filed by a person other than the detenu, the court must ascertain directly from the detenu, through court officers meeting the detenu in private without any official presence, whether the detenu wishes to pursue the petition or authorize it, and must provide the detenu with a copy of the petition and explanation of its substance and the relief sought, before proceeding to hear the petition on the merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. We direct that the Registrar of this Court Shri R. Subha Rao, alongwith an officer of this Registry knowing the language of the detenu, will meet and shall be allowed to meet the detenu Sant Harchand Singh Longowal for the purpose of ascertaining whether the detenu desires that this Habeas Corpus petition should be Pursued on his behalf. The Registrar shall hand over to the detenu a copy of this Habeas Corpus Petition, which was filed by Miss Rani Jethmalani, Advocate. The Registrar and the officer accompanying him will explain to the detenu the substance of the Habeas Corpus petition and the nature of the Habeas Corpus petition and the nature of the relief sought therein.
2. No other person, including any officer or member of the staff of the place in which the detenu is kept, shall remain present or be within the hearing distance at the time when the two officers meet the detenu. The officers will convey to the detenu that if he desires to file a Habeas Corpus petition he can do so either by himself or through any other representative. If the detenu so desires, he may ask the Registrar to treat this Habeas Corpus petition as if it were filed by him or by a representative authorised by him.
3. In the meanwhile, the pleadings shall be completed as directed below. The counter affidavit, if any, shall be field by the respondent, the Union of India, within two weeks from today. The rejoinder, if any, shall be filed within ten days thereafter.
4. The particulars of the place where the detenu is kept shall be furnished to the Registrar by the respondent by forenoon tomorrow.
5. The two officers of this Court, the Registrar and one other, will meet the detenu expeditiously, preferably within the next four days. They will submit their report to this Court in a sealed cover. The Registrar will, during the course of this day, communicate to the office of the learned Attorney General the name of the other officer of the Registry, who will accompany him.
6. All the Habeas Corpus petitions shall be listed for hearing before a Bench of five Judges on July 17, 1984.
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