RAM SAHAI VERMA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this Public Interest Litigation in regard to arrest of two youths of Scheduled Caste category. It is submitted by the petitioner that the aforesaid persons were arrested illegally and they were handcuffed and produced before the Executive Magistrate. It is further submitted by the petitioner that the youths were beaten in the police custody. The police had no authority to arrest the aforesaid persons because they were juvenile and they had not committed any offence. It was the duty of the police to produce them before the juvenile Court. The petitioner prayed reliefs that an enquiry be ordered against the responsible persons of the whole episode and the persons, who were illegally detained, be provided proper compensation.

(2.) RESPONDENTS No.1 to 3/State in their return admitted the fact that two persons namely Ajay s/o Lalaram and Manoj s/o Ragghu Jatav were arrested and there were illegalities in the arrest of the aforesaid persons. It is further admitted that the aforesaid youths were handcuffed and the proceedings under section 109 of CrPC were initiated against the aforesaid persons. An enquiry was conducted of the whole episode against the Inspector Rajveer Singh Kushwah, who was the then in charge of Police Station Pohri and S.N. Shrivastava, Sub-Inspector and consequently punishment of stoppage of one increment with cumulative effect for a period of one year has been imposed by the Inspector General of Police vide order dated 2.2.2012. The respondent No.4 in his separate return denied his involvement in the whole episode.

(3.) FROM the aforesaid facts of the case and the return filed by the State, there is no controversy about the fact that two persons were detained illegally by the police and they had been handcuffed and they had also been beaten in the police custody and one of them Ajay was juvenile.