PREMPAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The present petition by Prempal (Petitioner No.1), his wife, Munni Devi (Petitioner No.2) and his four children (Petitioners 3 to 6) claims compensation for the undue harassment that Prempal and his family have been subject to at the hands of the Delhi Police. The judgment of the learned ASJ

(2.) The basis for the claim is a judgment dated 28th September 2004 passed by the Additional Sessions Judge (ASJ), New Delhi in SC No. 29 of 2002 (State v. Prempal) acquitting the Petitioner of the offence under Section 376 IPC. In the process, the learned ASJ observed:

(3.) After narrating the long history of the suffering undergone by Prempal, at the hands of the police for about 15 years in a number of false cases, including the one in which he was being acquitted, the learned ASJ concluded: "I consider that this is an eye-opener case, which reveals the manner in which police lets off real culprits and falsely implicates innocent persons, who dare ask for justice or who want erring police officials to be brought to book. The police torture of Prempal has converted him into a living corpse. It is a case which shows that police force has persons of criminal character in it, who are out to damage the whole institution and needed to be weeded out. It is recommended that all police officials who were involved in framing Prempal in different cases be given exemplary punishment and Prempal be adequately compensated for loss of valuable years of life and wrongful imprisonment for several years and his harassment for 15 years and physical and mental torture. Copy of this judgment be sent to Commissioner of Police, New Delhi for necessary action."