Skip to content


Ram Jethmalani and ors. Vs. Union of India (Uoi) - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition (Criminal) Nos. 920, 929-30 and 934 of 1984
Judge
Reported in1984(2)SCALE214; (1985)1SCC116
AppellantRam Jethmalani and ors.
RespondentUnion of India (Uoi)
Excerpt:
.....in his individual capacity but on behalf of the ferozepore firm. it was found by the income-tax officer that the capital of the assesseefirm was supplied by g who had taken the amount from the ferozepore firm, and, that the assessee-firm was to carry on the same kind of business as the ferozepore firm. the incom-tax officer rejected the application for the reason that 'in reality it was not g but the ferozepore firm that was the partner of the assessee-firm and consequently, the assessee-firm was illegally constituted because : (i) ferozepore firm could not legally be a partner in the assessee-firm; (ii) the total number of partners of the assessee-firm would then be 21; and (iii) the individual shares of the partners of the ferozepore firm were not specified in the partnership deed..........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.....
Judgment:
ORDER

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.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //