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TMI Blog2005 (5) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... ishing in Kot Lakhpat Rai Jail, Pakistan. The factual scenario in the present petition as projected by the petitioner runs in somewhat similar lines and even at first flush may appear fictional. It is in essence prayer for writ in the nature of habeas corpus. Though technically it may appear to be unacceptable as the concerned person is stated to be in custody in a Pakistan jail, yet the petitioner's human emotions refuse to accept this legal landline. First the factual background as projected by the petitioner needs to be noted. Surjit Singh was Constable in 57 Battalion of B.S.F. and he was posted in Chhamb Sector on 3rd/4th December, 1971. Initially he was reported to be missing. A communication dated 26.7.1972 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of his father Surjit Singh. Khushi Mohammad immediately identified the person in the photograph and confirmed having seen him in 'Kot Lakhpat Rai Jail' in Pakistan. This news was of a great solace and joy to the petitioner and her family members. On 16.9.2004 Amrik Singh met other persons who had been released along with Khushi Mohammad. They also identified the photograph of Surjit Singh and confirmed having seen in Kot Lakhpat Rai Jail in Pakistan. On 24.9.1994 the petitioner sent representation to various authorities, functionaries and dignitaries requesting that efforts be made to bring back Surjit Singh from Pakistan Jail. Making a grievance that she had not received any positive response to her petition, the writ petition wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;s prison contrary to the official belief that he was dead, it would be in the interest of not only petitioner and her family members but also for the armed forces of this country to see that he is brought back to our country. It is not to be understood that we are issuing a writ of habeas corpus to any authority outside India. Our directions essentially relate to Indian officials. But it cannot be lost sight of that law cannot ever be a combination of meaningless and purposeless combination of words. The judicial system reaches its pinnacle when it serves the ultimate object of all laws; i.e. delivering justice to the recipient who deserves it, not shackled by pitfalls and landmines of technicalities. Within the four corners of legal frame ..... X X X X Extracts X X X X X X X X Extracts X X X X
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