WARYAM SINGH Vs. SADHU RAM

JUDGEMENT

(1.) Waryam Singh, a Sub-Inspector of Police and Gurcharan Singh, a Head Constable, have appealed by Special Leave, against the Judgment and order of a learned Judge of the High Court of Punjab and Haryana holding them guilty of contempt of Court and sentencing each to one month's simple imprisonment and a fine of Rupees 100/- and, in default of payment of fine, to further simple imprisonment for 15 days.

(2.) The High Court had been moved under S.3 of the Contempt of Courts Act, 1952 (hereinafter referred to as 'the Act') by Sadhu Ram who alleged as follows. On 26-6-1968, at about 8.30 p.m., the Head Constable Gurcharan Singh, together with two other Police Officers. Uttam Singh and Surjit Singh, trespassed into his house in Aggarwal Street, Bhatinda when he was out of Station. They maltreated his wife, mother and children, abused and slapped them, and extorted money in currency notes amounting to Rupees 500/-. Upon hearing the hue and cry raised by the inmates of the house several persons including. Charanji Lal and Duni Chand, were attracted to the scene of occurrence and witnessed what took place there. At 10 p.m. the same night Charanji Lal sent a telegram to the Superintendent of Police at Bhatinda, with copies to the Deputy Commissioner, Bhatinda, Inspector General of Police, Chandigarh, and the Chief Minister of the State. On 27-6-1968, Charanji Lal followed up this action by letters to all the authorities mentioned above. Sadhu Ram, on returning to Bhatinda, on 27-6-1968 promptly filed a complaint for offences punishable under Section 452 and 323 and 504 and 384 read with Section 34, I.P.C. before the Chief Judicial Magistrate of Bhatinda against the appellant Gurcharan Singh and Surjit Singh. The complaint was sent to the Court of 1st Class Magistrate of Bhatinda and fixed for hearing on 5-7-1968. On 4-7-1968, however, Sadhu Ram complainant was arrested at about 4 p.m. from his house by Gurcharan Singh, appellant Charanji Lal, said to be a Police informer, who was cited as his witness by the complainant, was also arrested at about 6 p.m. the same evening by the appellant Gurcharan Singh. On 5-7-1968, at about 10 a.m. the witness Duni Chand was arrested from the Court premises where he was present in order to give evidence in the Criminal case. It is only when Sadhu Ram and Duni Chand, the complainant and his witness, were produced before the Chief Judicial Magistrate, Bhatinda, for a remand order, that they came to know that their arrest was due to a First Information Report under Section 457/379, I.P.C. made on 15-6-1968 of which a copy was attached. The First Information Report was shown to have been lodged by one Janak Raj at 9.45 a.m. on 15-6-1968 at Thana Kotwali in Bhatinda. It alleged theft of Rupees 750/- cash and a Golden Pandle and a ladies' wrist watch. But, no name of any suspected person was mentioned there. The First Information Report only said that the thieft appears to have come through the house of a neighbour, a retired Readder of the Deputy Commissioner's Office, Ajmer Singh, of Birla Mills Road Bhatinda, Sadhu Ram and Duni Chand were released on bail on 9-7-1968. No action whatsoever had been taken against them in connection with the supposed First Information Report against them which does not name them. Nothing has been recovered showing the connection of either Sadhu Ram or Duni Chand with any alleged offence. Charanji Lal, the complainant's witness, who had also been arrested on 4-7-1968 was suddenly released at 6 a.m. on 6-7-1968 after having been beaten and abused because he did not agree to withdraw his support from the complaint. Nevertheless, Charanji Lal had been compelled to write on a piece of paper before he was released that the telegram mentioned above was sent by him at the instigation of 'Sattawalas" unwilingly. All this was done to stifle the prosecution of the Police Officers by Sadhu Ram, Charanji Lal, mentioned above, had also complained in writing to authorities mentioned above immediately after his release on 6-7-1968.

(3.) The High Court had rightly observed that the correctness or falsehood of the allegations made by Sadhu Ram in his criminal complaint against the two Police Officers could not affect its decision on the question whether the appellants had actually arrested, mal-treated, and attempted to frighten and dissuade Sadhu Ram and his two witnesses from giving evidence in the criminal complaint against the Police Officers. Although, Sadhu Ram had not mentioned in his complaint the name of the Sub-Inspector Waryam Singh as the person who arrested Sadhu Ram and Duni Chand, yet, the name of Waryam Singh was mentioned as the first opposite party in the application under Sec. 3 of the Act to the High Court. And, Waryam Singh in his affidavit in reply to the show cause notice sent to him, had admitted not only knowledge of the telegram sent by Charanji Lal to superior Police Officers but also having arrested both Sadhu Ram at 6.50 p.m. on 4-7-1968 and Duni Chand on 5-7-1969 at about 1 p.m. He alleged that there arrests were in connection with the offence revealed by the above mentioned First Information Report dated 15-6-1968. But, no evidence whatsoever was given that the Police had done anything to investigate the alleged offence. Nor was any good reason to suspect the connection whatsoever of Sadhu Ram or of either of his two witnesses shown with the offences alleged in the First Information Report dated 15-6-1968.