Tariq Ahmad Sofi vs State Of J&K; & Ors on 7 March, 2017
29. Dhananjay Sharma v State of Haryana, AIR 1995 SC 1795, is a
case which basically related to Contempt of Court. There, in a petition for
habeas corpus, notice issued was accepted in the open Court by the
Standing Counsel for the State of Haryana. A direction was issued by the
Supreme Court to respondent no.3 to produce the detenu and the taxi
driver. Respondents 3 to 5 were also directed to file affidavit indicating
the circumstances under which they took the detenu and the driver of the
taxi car into custody. These respondents in their affidavit denied the
allegations. The Court then directed respondent no.1, Home Secretary,
Government of Haryana, through his counsel, to trace the detenu and the
taxi driver, and produce them before the Court on the following day.
However, no affidavit was filed by the Home Secretary. Some new
developments took place in the case thereafter and the Supreme Court
passed numerous appropriate directions and orders in relation thereto. So
far as the conduct of the Commissioner and Secretary to the Government
of Haryana, Home Department, was concerned, the Supreme Court in
paragraph 49 of the judgment, inter alia, laid down as under: