STATE OF M P Vs. DINESH SINGH RAJPUT

JUDGEMENT

(1.) This Contempt proceeding has been initiated Suo Moto against the respondents, by this Court by order dated 2-11-2020. The respondent no. 1 is posted as Sub-Inspector and at the relevant time, he was the S.H.O., Police Station Bahodapur, Gwalior and respondent no. 2 is working as Constable and at the relevant time, he was posted in Police Station Bahodapur, Gwalior.

(2.) The facts leading to initiation of this suo-moto Contempt Petition in short are that one Arun Sharma,[ in short shall be referred as Arun Sharma (Tenant)], Writ Petitioner in W.P. No. 13057 of 2020, is a tenant in a shop, and the landlady of the said shop, filed an application before the respondent no.1 that Arun Sharma (Tenant) is neither making payment of rent, nor is vacating the shop. The said complaint was marked by the respondent no.1 to S.I. Sangita Minj, and immediately thereafter, the S.I. Sangita Minj and respondent no.2, forcibly got the shop vacated from Arun Sharma (Tenant) and brought his belongings to the Police Station Bahodapur, where Arun Sharma (Tenant) was compelled to give an undertaking that he would vacate the shop and thereafter, he was allowed to take his belongings back. Thereafter, it appears that Arun Sharma (Tenant), did not vacate the shop. On 13-8-2020, the Superintendent of Police, Gwalior, issued an order, declaring rewards against ten persons, including one Arun Sharma, son of Omprakash Sharma, resident of Sector No.2, D-97, Vinay Nagar, Police Station Bahodapur, Gwalior. Thereafter, Arun Sharma (Tenant), was taken in unlawful custody on the pretext that he is the same person, against whom the Superintendent of Police, Gwalior has declared a reward. A press note with caption that "accused with reward of Rs. 5000/- has been arrested" with photograph of uncovered face of Arun Sharma (Tenant) was also circulated by the respondent no.1, to the print media and social media by releasing press note through I.T. Cell, Office of Superintendent of Police, Gwalior. However, on the complaint made by the brother of Arun Sharma (Tenant), the Superintendent of Police, Gwalior, directed for an enquiry and it was found that the Arun Sharma (Tenant) is not the same person, against whom reward was declared and after unlawful detention of Arun Sharma (Tenant) for 7 1/2 hours in the police station Bahodapur, he was released. This Court by order dated 2-11-2020, found that although Arun Sharma (Tenant) was taken in custody, but he was not formally arrested as well as the directions given by the Supreme Court in the case of D.K. Basu Vs. State of W.B. , 1997 AIR(SC) 610 were blatantly flouted, therefore, in the light of the directions given by the Supreme Court in para 36 of the judgment, suo moto contempt proceedings have been initiated.

(3.) The respondent no.1 has filed his return and submitted that the respondent no.1 has absolutely no willful intention to disobey or flout the directions of the Hon'ble Supreme Court in the case of D.K. Basu (1997) (Supra). He has a service career of 7 years and recently has been awarded one certificate of appreciation. It is claimed that on 13- 8-2020, the Superintendent of Police, Gwalior issued an order under Para 80(1) of M.P. Police Regulations and a reward of Rs. 5000 was declared against one Arun Sharma, son of Omprakash Sharma, resident of Sector No.2, D-97, Vinay Nagar, Police Station Bahodapur, Gwalior. Therefore, instructions were issued to the Police Station Bahodapur personals to put efforts to trace whereabouts of accused Arun Sharma, son of Omprakash Sharma, resident of Sector No.2, D-97, Vinay Nagar, Police Station Bahodapur, Gwalior. The respondent no.2 informed that Arun Sharma, son of Omprakash, against whom a reward of Rs. 5000 has been declared has now changed his address and at present he is residing in Laxman Talaiya, Near Asmani Temple, Kapate Wali Gali, Shinde Ki Chhawani, Gwalior, and he knows him personally. On the specific information given by respondent no.2, Arun Sharma (Tenant) was brought to the police station at 13:56 on 14-8-2020, for verification and investigation to be carried out by the investigator of crime no. 255/2011 registered at Police Station Gole Ka Mandir, Gwalior i.e., a different police station. It is claimed by the respondent no.1, that prior to 14-8-2020, he had never seen Arun Sharma (Tenant). Thereafter on verification done by the Police of Police Station Gole Ka Mandir, it was found that Arun Sharma (Tenant) is not the same person against whom a reward of Rs. 5000 was declared therefore at 21:37 he was allowed to go. It is submitted that Arun Sharma (Tenant), was taken in custody on the incorrect but specific information given by respondent no.2, therefore, a mistake was committed by the answering respondent. It is further submitted that the press note regarding "arrest of Arun Sharma (Tenant) an accused against whom reward of Rs. 5000 was declared" with his photograph of uncovered face was shared with media on the basis of the departmental circular dated 2-1-2014, which has been partially quashed by this Court by order dated 2-11-2020, however, the quashed part of the circular dated 2-1-2014 was in existence on 14-8- 2020. It is submitted that the respondent no. 1 has committed a mistake out of enthusiasm.