OMPRAKASH SHYAMLAL MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Om Prakash Shyamlal Mishra has, on 17/06/1993, preferred this petition for a writ of Habeas Corpus for the release of his brother Vedprakash Shyamlal Mishra. In the petition, the petitioner averred that his brother Vedprakash has been taken away by Police Inspector Mr. Parmar, respondent No. 2 herein at about 9-00 p.m. on 13/06/1993, from near a Pan Parlour situated near Satellite Tower in Satellite area in the City of Ahmedabad, and thereafter Vedprakash was brought to house of the petitioner at about 11-00 p.m. Then Vedprakash was taken away by respondent No. 2 According to the petitioner when he inquired from respondent No. 2 at his house about the reason why Vedprakash was wanted by him, respondent No. 2 did not give any answer. The petitioner tried to find out his brother Vedprakash at Satellite Police Station on the next day. However, Vedprakash was not available there. Therefore, at about 4-00 p.m. on 14/06/1993, Om Prakash sent a telegram to the Commissioner of Police, Ahmedabad City stating that his brother Vedprakash has been taken away by respondent No. 2/06/1993, and since then the whereabouts of Vedprakash were not known. According to the petitioner, thereafter he tried hard to find out the whereabouts of his brother Vedprakash and on 15/06/1993, he came to know that his brother Vedprakash had been detained by respondents Nos. 2 and 3 (respondent No. 3 is the D.I.G.). As averred by the petitioner, besides his brother Vedprakash, some four other boys have also been arrested alongwith Vedprakash, and three out of those four Other persons have been released by respondents Nos. 2 and 3/06/1993 at night. Those three boys on their release informed the petitioner that the petitioner's brother Vedprakash was being beaten by the Police and had received injuries on the internal part of his ear and that, therefore, his hearing capacity had been impaired. Those three boys also informed the petitioner that Vedprakash had been arrested in connection with an offence of sale of revolver; however, no formal complaint had been lodged. It is also stated in the petition that on 16/06/1993, the petitioner, in company of his sister Nikhileshkumaii approached respondent No. 3, and respondent No. 3 informed the petitioner that an inquiry was going on and that after finishing the inquiry his brother (Vedprakash) would be released. However, as stated in the petition, respondent No. 3 permitted the petitioner to send tiffin for Vedprakash. On these main allegations, the petitioner has prayed for the following reliefs in the petition : (a) That a writ of Habeas Corpus be issued directing the respondents to release the petitioner's brother Vedprakash Sbyamlal Sharma forthwith; (b) That pending the hearing and final disposal of this petition, the respondents be directed to produce the petitioner's brother Vedprakash before this Hon'ble Court and the respondents be further directed to send his brother Vedprakash to the Civil Hospital for medical check up; (c) To grant such other and further relief as the nature of the case may require."

(2.) . As said above, the petition came to be filed on 17/06/1993. On the same day, this Court passed the following order :

(3.) . Pursuant to the above order passed by this Court, on 18/06/1993. at about 2-45 p.m., respondent No. 2 produced Vedprakash before us. We questioned Vedprakash as also respondent No. 2. Vedprakash made a grievance of the fact that he had been whisked away by respondent No. 2 to the office of respondent No. 3 where he was repeatedly beaten by respondent No. 2 as also by his staff members sometimes in the presence of respondent No. 2 and sometimes in the absence of respondent No. 2. As prima facie, we found some substance in what Vedprakash stated, we in our chamber, in the presence of Mr. Y. F. Mehta, learned A.P.P. and Mr. H. L. Patel, learned Advocate for the petitioner, examined the person of Vedprakash and we found tell-tale marks of injuries on his person. We immediately, therefore, sent him for medical examination, and the Superintendent, V. S. Hospital, Ahmedabad, was kind enough to constitute a panel of Specialist Doctors, who examined Vedprakash on June 18, and June 19, 1993. The result of the examination has been produced before us and forms part of the record.