S SRINIDHI Vs. STATE

JUDGEMENT

(1.) SRI SRInidhi, is before us seeking a direction to the respondent to produce SRI K.S. Venkatesh and Smt. Rukmini, who are taken into custody by the police in the case on hand. According to petition averments, SRI K.S. Venkatesh filed P.C.R. No. 180 of 2007 against Vishweshwara Teertha Swamiji for an offence punishable under Sections 307, 326. 340 and 506 read with Section 34 of Indian Penal Code, 1860. Matter was referred for investigation. Thereafter according to him SRI K.S. Venkatesh and his sister Smt. Rukmini were taken away by KG. Nagar Police Station. It is further stated that they are being tortured by the Police. With these allegations, this petition was filed. This Court issued notice on 10-1-2007 and thereafter this Court directed the police to make all efforts and to produce SRI K.S. Venkatesh and Smt. Rukmini before the Court. On 23-1-2007, a counter-affidavit was filed before this Court. The Police authorities also produced SRI K.S. Venkatesh and Smt. Rukmini. They were set at liberty by this Court. Thereafter the matter was listed before the Court for further proceeding's on 5-3-2007. A submission was made by the petitioner with regard to torture and illegal detention by the police. Noticing this submission, we thought that the matter requires consideration by this Court in terms of the averments made before us. Hence, we directed the Registrar Vigilance to hold an enquiry with regard to the allegation of illegal detention right from 7-1-2007 and the alleged torture from 4-1-2007 in terms of the affidavit and submit his report within four weeks. Thereafter a report has been filed by the Registrar Vigilance on 13-4-2007. The matter was listed on 16-4-2007. The report which was in a sealed cover was opened in the Court. In the light of the report of the Registrar with regard to illegal detention and with regard to inhuman treatment by the police, we directed the parties to address arguments with regard to the power/quantum of compensation.

(2.) SRI Ravi Varma Kumar, learned Senior Counsel would argue that though the detenues were set at liberty, the Court need not close the case and the Court has to consider the detention for rendering justice to the parties. He would also place before us a couple of judgments with regard to compensation to be made available to the detenues. Per contra, learned State Public Prosecutor would argue that the petition has no legs to stand and the detenues have taken money from the Swamiji and same has not been made over to him. In addition, they have also taken money from others and their conduct is to be viewed seriously. Insofar as the report is concerned, he would say that the evidence on record has to be taken note of before accepting the report. He would also argue that no case is made out for any compensation neither at the hands of the appellant nor at the hands of the State.

(3.) A rejoinder was filed by the petitioner. As mentioned earlier after noticing the affidavits and the submissions, we directed the Registrar Vigilance to hold a enquiry with regard to allegations of illegal detention right from 7-1-2007 and with regard to the allegation of torture from 4-1-2007 in terms of the material available on record and to submit his report. Proceedings before the Registrar are made available to us. Report is also made available to us. From the report, we see that several exhibits have been filed in addition to examination of witnesses. The Registrar holds at page 12 as under: Perusing the materials on record, they go to show that on 4th, 5th and 6th January, 2007, there is no torture or ill-treatment by the respondent/Police to K.S. Venkatesh and Smt. Rukmini. This is why because, P.Ws. 2 and 3 themselves deposed in their evidence that on 4th, 5th and 6th January, 2007 they used to go to the Police Station. If they were and going and coming back on all the three days, then it goes to show that there was no ill-treatment or harassment. Considering the entire materials on record, both oral and documentary produced by both parties, they clearly goes to show that there was no torture, ill-treatment and illegal detention by Sri Pejawar Swamiji to K.S. Venkatesh and Smt. Rukmini on 4-1-2007 and onwards. The material also clearly goes to show that on 7-1-2007 during night at about 10.30 PM there was assault and ill-treatment by respondent-Police to K.S. Venkatesh and Smt. Rukmini in the house of their relative Vittal at Kereguddadahalli and that K.S. Venkatesh and Smt. Rukmini were dragged to the Police Station from the house of Vittal and they were illegally detained in the Police Station till the evening of 8-1-2007 and they have been treated inhumanly in the Police Station.