LAWS(DLH)-2010-11-40

GOVT OF NCT OF DELHI Vs. SUKHBIR SINGH

Decided On November 18, 2010
GOVT. OF NCT OF DELHI Appellant
V/S
SUKHBIR SINGH Respondents

JUDGEMENT

(1.) It is not in dispute that respondents HC Sukhbir Singh, Ct.Rajender Singh and Ct.Shankar Lal were a part of a police team headed by SI Raj Kumar and of which Ct.Bhanwar Singh was a member had taken on remand one Yakub Khan, lodged at the Central Jail, Tihar for being produced in the Court of Civil Judge and Judicial Magistrate, Barmer. The day on which Yakub Khan had to be produced before the learned Civil Judge and Judicial Magistrate was 18.7.2005. On 19.7.2005 in a local newspaper `Rajasthan Patrika' a news item appeared that the police party had permitted Yakub Khan to take food with his wife and children in a restaurant followed by permitting Yakub Khan to spent time with his wife in a room at K.K. hotel in Barmer. It is obvious that the news was sensational and upon the same being coming to the knowledge of the authorities concerned at Delhi, a preliminary inquiry was held by Insp. Rishi Dev who went to Barmer and recorded the statements of Sh.Muralidhar and Mool Chand who ostensibly confirmed to him that police officers from Delhi had brought Yakub Khan, his wife and children to their lodge. All took meals together. One Ramesh Kumar and Girdhari Ram purportedly informed him that the officers of Delhi Police had permitted Yakub Khan to spend time with his wife in a room in the hotel/lodge run by them. Insp.Rishi Dev checked from the Court the time when the case in which Yakub Khan was produced and the time when Yakub Khan was lodged at the jail in Barmer and found an abnormal time gap between the two. He contacted the reporter of the newspaper concerned who stood by the version printed in the news item dated 19.7.2005. Accordingly, he submitted a preliminary report in which the five police officers were indicted by him for not only permitting an under-trial prisoner to eat food with his wife and family in a hotel and thereafter spend time with his wife in a room in another hotel but also permitting the under-trial prisoner to meet his family at a park opposite Barmer Court Complex as also the fact that the police officers used a private jeep provided by the family of the under-trial prisoner.

(2.) A charge-sheet was served upon the five police officers as per which they were charged of four misdemeanours, being: (i) permitting Yakub Khan, an under- trial prisoner to meet his family members at Mahavir Park located opposite the Court Complex, Barmer; (ii) permitting Yakub Khan to eat food with his wife and family members at Brahmin Lodge Restaurant situated at Station Road, Barmer; (iii) permitting Yakub Khan to stay with his wife in Room No.106, K.K.Hotel, Station Road, Barmer; and (iv) using a private jeep provided by the family members of Yakub Khan for transporting Yakub Khan from the court complex to the restaurant/hotel and up to Barmer Jail.

(3.) Needless to state the charge was denied and hence an inquiry officer was appointed. 10 witnesses were examined by the inquiry officer. Ct.Ajay Kumar PW-1 proved DD entries Ex.PW-1/A and Ex.PW-1/B establishing SI Raj Kumar along with guards taking accused Yakub Khan to Barmer from Central Jail No.2 to Tihar and the entry pertaining to Yakub Khan being lodged at Barmer Jail at 2:40 PM on 18.7.2005 after he was produced in the Court of the Civil Judge cum Judicial Magistrate, Barmer. HC Virender Singh PW-3 proved Ex.PW- 3/A and Ex.PW-3/B being command certificates and the order of remand evidencing requirement of Yakub Khan to be produced at Barmer as also the return report submitted by SI Raj Kumar. Ct.Bharat Bhushan PW-8 proved Ex.PW-8/A evidencing Yakub Khan being lodged at Barmer Jail at 2:00 PM on 18.7.2005, the Jail Register Entry Ex.PW-8/A having an overwriting. 2:40 PM was converted to 2:00 PM. Lalit Vyas PW-9, LDC in the Court of the Civil Judge cum Judicial Magistrate deposed that on the basis of production warrants Yakub Khan was produced in Court at about 11:15 AM and that the escort party left the Court premises at about 12:00 noon.