AFZAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts in these cases bring to focus the mixed blend of efficacy of pragmatic procedure under Section 32: absolute disregard for truth; rank indiscipline among the so-called disciplined police force; despite scientific advancement persistence of crude methods of investigation; depraved conduct of the official to forge signatures of higher official and the complicity of persons who moved this court in callous compromise with the officials to speak contrary to the facts placed before the court. A practising advocate is no exception. He had sworn to an affidavit but had not even the slightest hesitation to make a somersault and deny his averments made in the sworn affidavit filed in this court. These disturbing trends cause not only a deep anguish to this court of the degeneration in the moral and official conduct but also make it difficult to place absolute reliance on affidavit evidence placed on record.

(2.) The objective report of Mr Kalyan Rudra, Director General of Police, Haryana, and his affidavit dated 2/11/1993 filed pursuant to the directions of this court dated 2/11/1993 and the report of D. R. Aneja, the learned District Judge, Faridabad, submitted pursuant to the orders of this court dated 8/12/1993, do establish the fulcrum of the charge made in these writ petitions. Rahim Khan, father of Afzal is accused of the offences of forgery of railway receipts, fraud, cheating and misappropriation of railway property. Two FIRs were registered against Rahim Khan in the police station at Ambala. He is a resident of House No. 58-275-B, Mehrab Ka Nagia, Sarai Khaja, Agra. Inspector Mohd. Ishaq of GRP (CIA) , Ambala Cantonment Police Station, Ranbir Singh (ASI) , SHO, Constable Ram Kumar and other police party had gone to the house of Rahim Khan at 11. 00 a. m. on 12/10/1993, without eitherany assistance of the local Agra police, or recording in daily register of any of the police stations in Agra or even recording any search memo, and raided his house and found him to be absconding. His wife Smt Munni Begum and the mother of the first petitioner, Afzal, had given evasive replies of the whereabouts of Rahim Khan. Inspector Mohd. Ishaq had picked up Afzal and Habib, sons of Munni Begum, both minors, took them to Ambala and kept them in wrongful confinement as a condition for surrender of Rahim Khan. Munni Begum sought, and Ismail Khan, practising advocate, Agra, had assisted her and went to Ambala and met Inspector Mohd. Ishaq in the police station and found the petitioners in his custody in Ambala Cantonment Police Station. His pleading for their release met with defiance and the latter insisted on surrender of Rahim Khan as a condition for releasing them.

(3.) This court by proceedings dated 29/10/1993 on writ petitions under article 32 for habeas corpus issued notice by usual mode and by dasti service to the standing counsel and directed to post the cases on 1/1 1/1993 on which date this court directed the Home secretary of Haryana to examine the complaint of illegal detention of the petitioners and to submit a report by 5/11/1993. On mention by the counsel for the State of Haryana of non-availability of Home secretary on 2/1 1/1993 this court modified the order and directed the Director General of Police to make the investigation and file the report by 5/1 1/1993. As already stated in the affidavit filed by Mr Kalyan Rudra. DGP, he has stated that Inspector Mohd. Ishaq had taken the petitioners into the custody and he wrongfully confined them at different places between 13/10/1993 and 30/10/1993. On the night of 31/10/1993 the police party dispatched them to their residence in Agra. These facts further got affirmed from the evidence recorded by the District Judge and the report dated 29/1/1994, thus: