THIRATH RAM SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Article 32 of the Constitution was filed by the petitioner, Thirath Ram Saini, on 13/9/1993 for issuance of a writ of habeas corpus for directing the respondents to produce Daljit Saini, the son of the petitioner, and Om Prakash, the brother-in-law of the petitioner, who were claimed to have been illegally detained by Punjab Police since 9/8/1993. On 4/10/1993 Daijit Saini appeared in this court and stated that he and 0m prakash had been released on 2/10/1993 at Pathankot. He made a statement in court that he had been taken into custody on 9/8/1993 and was kept in illegal detention till 2/10/1993 and that during this period he was beaten and tortured. Under order of this court dated 4/10/1993 Daljit Saini was medically examined by a Medical Board at the All India Institute of Medical sciences, New Delhi, on 5/10/1993. The alleged detention of these two persons was, however, denied in the counter-affidavits filed on behalf of the respondents. Having regard to the averments contained in the affidavits filed in support of the writ petition and the counter-affidavits filed on behalf of the respondents this court considered it necessary to ascertain the truth relating to the detention of Daljit Saini and 0m Prakash and for that purpose the court passed an order on 8/2/1994, directing the District Judge, ludhiana to conduct an inquiry into the allegations made in the affidavits and the counter-affidavits and submit a report as to the veracity of the statements made by either of the parties, particularly in relation to the detention of the aforementioned two persons. In pursuance of the said direction the District Judge, Ludhiana conducted an inquiry and hassubmitted his report dated 28/2/1995 wherein he has recorded the finding that Daljit Saini and Om Prakash were whisked away illegally by the superintendent of Police, Shri Bawa, on 9/8/1993 and he kept them in his illegal custody up to 2/10/1993. On behalf of the respondent State, objections have been filed to the report submitted by the District Judge. We have considered the inquiry report as well as the objections that have been filed and the report of the medical examination of Daljit Saini on 5/10/1993. Without fixing the responsibility for the wrongful confinement of Daljit saini and 0m Prakash on any person/persons we accept the report submitted by the District Judge, Ludhiana to the extent that both Daljit Saini and 0m prakash were illegally detained by the police authorities of the State of punjab during the period from 9/8/1993 to 2/10/1993.

(2.) Since both of them are no longer in confinement a direction for their release from custody is not called for. But having regard to the fact that daljit Saini and 0m Prakash were wrongfully deprived of their right to personal liberty by the police authorities of the State of Punjab during the period from 9/8/1993 to 2/10/1993 we direct the State of Punjab to pay to each of them a sum of Rs. 10,000. 00 by way of compensation within a period of one month. The payment of this amount by way of compensation would not preclude Daijit Saini and 0m Prakash from pursuing the remedy, civil as well as criminal, that is available to them in law in respect of their wrongful confinement during this period.

(3.) By order dated 21/9/1995 we had directed that notice be issued to shri Balbir Bawa to show cause why he should not be punished for contempt of this court. In response to the said notice an affidavit has been filed by shri Bawa. We have considered that affidavit and having regard to the facts and circumstances of the case we do not proceed further with the matter. the proceedings are dropped and the notice is discharged.