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1963 (5) TMI 62

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..... cts, in so far as they have been admitted by the State of Punjab, are as follows: The petitioner is a resident of village Rattoke in the Amritsar District. He was elected as member of the Punjab Vidhan Sabha in the last General Elections after defeating S. Hardip Singh, the brother-in-law of the Chief Minister of the State. S. Surrinder Singh Kairon, son of the Chief Minister, and S. Ranjit Singh Grewal, who was posted as Senior Superintendent of Police at Amritsar, have married sisters. S. Mukund Singh, the father-in-law of S. Surrinder Singh, owned vast lands. S. Mukund Singh died without leaving any male issue and the estate came under the Court of Wards, and the petitioner obtained some of the lands from the Court of Wards. In May, 1 .....

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..... ;ail, that the petitioner is a protagonist of the Punjabi Suba, and supported the Akali candidates as against the Sadh Sangat Board which is supported by the Chief Minister; and that in the criminal cases in which the Petitioner was arrested, a bail of rupees one lakh was demanded from him as also from his father and six others. Since such a heavy bail could not be furnished, his father and the other persons languished in jail for four months till they were discharged on compromise in court, while he continued in jail. Further, a suit has been filed against the petitioner by the widow of S. Mukund Singh for ₹ 12,500 for arrears of rent and for eviction, and in the written statement made by the petitioner in that suit, he has alleged t .....

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..... ecords of the case. Further, the personal aspersions against the Chief Minister and the Senior Superintendent of Police, Amritsar, who have been charged with improper conduct by taking advantage of their official position, should have been denied by them on affidavit, if they were untrue. In the absence of any specific denial on the part of the State, the Chief Minister and the Superintendent of Police concerned, we must reluctantly go by the affidavit filed by the petitioner. In proceedings of this kind, it should be known that the Court does not examine witnesses in support of allegations of fact made by either side. Ordinarily, the Court acts upon the affidavit of one side or that of the other. But if one side omits to make an affidav .....

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