SUNIL BATRA Vs. COMMISSIONER OF POLICE DELHI

JUDGEMENT

(1.) The proceeding in this case were initiatedon receipt of an application from jail pointing out-that a largenumber of persons are unjustiflably arrested by the Policeapparently under Section 107 Criminal Procedure Code without complying withthe provisions of law and that they are kept in jail without beingoffered the facility of being released on bail. It was also statedthat none of these persons were supplied the reasons for whichapparently the proceedings were being taken against them. Wethen issued notice to the Delhi Administration.

(2.) In the reply filed the stand taken was that the procedurelaid down under Section 111 and 114 Criminal Procedure Code was being followed. It was denied that any arrest was being made by procedure other than that permitted by law.

(3.) A further affidavit was filed by the applicant dated 2 5/11/1983 in which another objection was taken that theprisoners who are committed to jail custody under Section 114Cr. PC are not supplied the reasons and the warrants whichaccompanied them are in blank form which is theviolation of the statute. Further affidavit were filed by persons who were in jail taking the stand that they were not guiltyand that they have been wrongly picked up by the police andremanded to judicial custody, that they do not have knowledgeof the bail order having been passed in their favour and in anycase could not have furnished bail because they have no resources nor any friends who could do so. We, therefore, directedby order dated 6/02/1984 to have the full record andtiles of some of the cases which have been mentioned in theapplication C.M. 2119183 filed by the petitioner. Some of thesefiles were produced on the next date. It was found 'hat someof the cases by them had been discharged. In that view theCourt did not see any useful purpose being served by going intothose matters and that is why we directed on 5/04/1984that the file of the case of Balbir Singh to be produced. We hadalso directed a further affidavit to be filed by the respondent.explaining the procedure followed by it in such like cases. Afurther affidavit dated 13-9-84 Has been filed by Krishan Gopal,Assistant Commissioner of Police/ Special Executive Magistratewho was dealing with the said case. The records shows that Balbir Singh was proceeded against and arrested under Section.1071151 on 9/10/1983 at 7-15 P.M. He was producedbefore the Special Executive Magistrate, Haus Khas on 10thOctober, 1983 when a notice under Section 111 Criminal Procedure Code wasserved on him and he was also ordered to furnish a securitybond for his appearance as well as to keep peace till the conclusion of enquiry under Section 116(3) Criminal Procedure Code . He remainedin judicial custody till 16/11/1983 when he was released on security being furnished. It may be noted that thoughBaibir was present on 27-12-1983, he was absent on, all thenext dates. As a matter of fact even bailable and non-bailablewarrant were issued for his presence ultimately he was discharged in his absence on 9-5-1984, as proceedings had become time barred under Section 116(6) Criminal Procedure Code .