SUKHJEET GILL, VICE CHAIRMAN, PUNJAB HUMAN RIGHTS ORGANISATION Vs. S.H.O., POLICE STATION DERA BABA NANAK

JUDGEMENT

(1.) NO one has appeared for the respondents today, although on 12.10.1990, Mr. H.S. Nagra had put in appearance on their behalf. The respondents have also not filed the return. Thus, the report of the warrant officer on the factual aspects of the matter remains uncontradicted. The report of the warrant officer reveals that on 11.10.1990 at 11. 15 a.m. he went to P.S. Kalanaur. The gate of the police station was then open. S.I. Dilbagh Singh was present in the police Station. Surjit Kaur, niece of Chanan Singh detenu then called the detenus by their names in a loud voice but there was not response. Thereafter, the warrant officer searched the building of the Police Station. They failed to locate the detenus. Then, he made an entry in the Daily Diary at 11. 15 a.m. Thus, no action is, called for against S.I. Dilbagh Singh of P.S. Kalanaur.

(2.) ANOTHER warrant officer Shri Gian Singh also visited P.S. Dera Baba Nanak at 11.15 a.m. on 11-10-1990 but the alleged detenus were not found in the police lock up. On being called by the relation of the alleged detenus in a loud voice, there was response from one of the rooms of the police station. The door of that room was open. The alleged detenus except Jaswant Singh and Chanan Singh were found sitting there on cots. In the meanwhile Shri Dilawar Singh, Incharge of the police station arrived there. On enquiry by the warrant officer as to why these persons were being detained at the police station the S.H.O. depicted his ignorance saying that he had left the police station at 6.05 a.m. vide Daily Diary No. 35. The Moharrir Head Constable of the police station on enquiry by the warrant officer apprised him that the alleged detenus had come to the police station to meet the S.H.O. and in his absence he had asked them to sit in that room. The police officials, however, did not raise any objection to the release of these detenus except for Chanan Singh whose parentage did not tally. Chanan Singh son of Khazan Singh was not, however, found at the police station.

(3.) THUS , there is no escape but to conclude that the above-referred persons were being, illegally detained by Shri Dilawar Singh, Incharge of P.S. Dera Baba Nanak or at his instance. He is, therefore, directed to pay Rs. 5000/- each to Sharan Pal Singh, Balbinder Singh, Gurdial Singh, Labh Singh and Harbhajan Singh whose detailed description figures in the writ petition. The petitioner or the alleged detenus shall be at liberty to take any appropriate action against the aforesaid Sub Inspector in accordance with law, S.H.O. Dilawar Singh is directed to deposit the compensation in the High Court within one month of this order.