BRIJ LAL Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Heard.

(2.) Petitioner, Brij Lal, has filed this petition under Section 482 of the Code of Criminal Procedure for issuance of directions to respondents No. 1 to 3 to protect his life and liberty, which is in imminent danger at the hands of respondents No. 4 and that the said respondent be restrained from harassing him illegally.

(3.) He has contended therein that in the year 1984, he was illegally picked up from his house by one Gurdev Singh, Inspector, SHO Police Station Division No. 2 Ludhiana, Harpal Singh, Sub Inspector and some police officials of that police station without any reason. His wife, Raj Rani, filed criminal writ petition for habeas corpus (Crl. W.P. No. 403 of 1987) before this Court in which, Warrant Officer was appointed to conduct the raid and recovered him from the illegal custody of the police of the police station. The Warrant Officer submitted his report to that effect to this Court and it was pleased to direct Chief Judicial Magistrate, Ludhiana, to initiate an enquiry against the above said police officials. After some time, he was again illegally picked up from his house by the said Inspector Gurdev Singh and MHC of that police station without any rhyme and reason. Again criminal writ for habeas corpus (Crl. W.P. No. 713 of 1987) was filed before this Court and a Warrant Officer was appointed. That time also he was recovered from the illegal detention of the police official of that police station. The Warrant Officer submitted his report and enquiry was ordered to be conducted by this Court by Chief Judicial Magistrate, Ludhiana. Previously, the police officials had not been appearing during those enquiries but on the persistent pursuing of the case by the petitioner, they started appearing therein. Those police officials had good rapport with the local police of Ludhiana and the local police is pressurizing him to compromise the matter and get the enquiry withdrawn/dropped. He refused to enter into any such compromise. On his refusal, his son, Sohan Lal @ Sanjay was illegally picked up by the police on 16.8.2008 at 9-00 a.m. He tried his level best to trace out his son but failed. Then a telegram to the Hon'ble Chief Justice of this Court was given by Balwinder Singh, cousin of his son, on the same date at 3.52 p.m. Later on, his son was involved in a false case, FIR No. 9 dated 16.1.2008 registered under Section 22 of the ND& PS Act, 1985 in police station Kotwali, Ludhiana, on the allegation that he was found in possession of 10 gms of smack. It was shown in the record of the police that his son was arrested at 4.20 p.m. and that itself shows that he was illegally picked up earlier so as to pressurize and harass him for entering into the compromise. The police did not stop harassing him and started raiding his house time and again at odd hours. Apprehending danger/untoward incident, he sent a telegram to Hon'ble Chief Justice of this Court on 14.6.2008. On 19.10.2008, at about 11.30 a.m., Jagjit Singh ASI, along with some other police officials came to his factory and asked him to withdraw the enquiry pending before the Chief Judicial Magistrate, Ludhiana, and on his refusal, threatened him that he and his family members would be involved in criminal cases. He again sent a telegram regarding the incident to the Hon'ble Chief Justice of this Court. Respondent No. 4 and the local police of Ludhiana, has been pressurizing and harassing him that he should withdraw the enquiries otherwise he and his other family members will be involved in criminal cases. In order to pressurize him and in order to make him to succumb to the above said demand, he was involved in false case on the allegation of possessing of 4 gms of smack in respect of which FIR No. 15 dated 19.2.2009 was registered under Section 22 of the ND&PS Act in police station Division No. 4, Ludhiana. On 10.4.2009, respondent No. 4 along with Harjinder Singh, ASI, illegally picked up his daughter Kiran Bala and her niece, Aarti and he was asked to give his affidavit for withdrawing the enquiries and that in lieu thereof his daughter, Kiran Bala, and her niece Aarti would be released. When he did not give such affidavit, Kiran Bala was involved in a false case regarding the possession of 34 gms of smack by way of FIR dated 11.4.2009 registered under Sections 22 of the ND & PS Act in police Station, Division No. 2, Ludhiana. Aarti was released by respondent No. 4 after receiving the bribe of Rs. 10,000/- from him. Respondent No. 4 is threatening him and is making efforts to ensure that he does not reach the Court to make his statement in the enquiries, which are now fixed before the Chief Judicial Magistrate for 22.5.2009. He is having a reasonable apprehension that he and his family members will be involved in false cases and he will be arrested before the said date.