UNION TERRITORY CHANDIGARH Vs. MOHINDER SINGH

JUDGEMENT

(1.) Leave granted. Heard the counsel for the parties.

(2.) The order of dismissal reads as follows:

(3.) The order of dismissal refers to and is based upon the report of Shri Baldev Singh, Superintendent of Police, Intelligence, Union Territory, Chandigarh. It is, therefore, necessary to notice the main features of the said Report. The report says that the respondent arrested one Ranjit Singh from his house at about 11.45 p.m. on the night intervening 3rd/4th July, 1991, along with two friends of Ranjit Singh who happened to be in his house at that time, brought Ranjit Singh to the police station and tortured him mercilessly on the plea that he was harbouring terrorists. It is reported that the respondent was in a drunken condition at that time and that he was repeatedly asking Ranjit Singh about the wherabouts of a Particular terrorist. The respondent also told Ranjit Singh that he was torturing him at the instance of his superior officers. He demanded a sum of Rupees sixty thousand from Ranjit Singh as a condition for releasing him. Ultimately, a sum of Rupees twenty thousand was paid to respondent whereafter Ranjit Singh was released. The Report submits that the ground on which Ranjit Singh was arrested and tortured was wholly baseless and that it was done with a view to extort money from him. The last paragraph of the Report is relevant for the present purposes and reads thus: