RAJWINDER KAUR Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS order will dispose of Criminal Writ Petition No. 273 of 1996 and Criminal Writ Petition No. 278 of 1996. V.K. Jhanji, J. vide his order dated 13.9.1996 directed the Chief Judicial Magistrate, Amritsar, to conduct an enquiry into the allegations made in Criminal Writ Petition No. 273 of 1996. It was the case of the petitioner that her husband and brother-in-law had been illegally detained by Baldev Singh Bhatti, Inspector SHO, Police Station Islamabad and ASI Baldev Singh since 27.2.1996 at about 7 p.m. Her husband Charanjit Singh was aged 34 years and her brother-in-law was aged 30 years. The family had given telegrams to all the higher authorities but no action had been taken. It was alleged that her brother-in-law referred to as the detenu had been badly tortured.

(2.) IN the reply, the allegations made in the petition were denied by the respondents. The case put forward by the respondent was that the detenu had committed theft in the house of Smt. Santosh Kaur resident of Putlighar and FIR No. 14 dated 28.2.1996 was registered against the detenu under Sections 454/380 of the Indian Penal Code. The amount of currency notes stolen were worth of Rs. 31 lakhs. Consequently, the detenu was produced by the Sarpanch for interrogation on 3.3.1996. When the Habeas Corpus petition came up for hearing, V.K. Jhanji, J. issued directions for a judicial inquiry. The report of the Warrant Officer shows that Ranjit Singh was found in the custody of the Police. After inquiry, the learned Chief Judicial Magistrate has given the finding as follows :-

(3.) IN view of the above, this habeas corpus petition is allowed. The respondent-State is directed to pay a sum of Rs. 25,000/- by way of interim compensation to Ranjit Singh son of Bua Singh, resident of village Mahal. Let the amount of compensation be paid within a period of two months from the date of receipt of copy of this order. The respondent-State is also directed to take necessary steps for registration of criminal case/cases against erring Police Official/Officials for illegal detention and torture of the detenus. If, after the registration of the case/cases and the trial of the erring police official/officials all or any of them are found to be guilty, the amount of compensation paid to Ranjit Singh shall be recovered from the official/officials found to be responsible for the crime. It is made clear that the trial Court will decide the matter on its own merits, on the basis of the evidence adduced by the parties, without being influenced by the prima facie opinion expressed by the Chief Judicial Magistrate, Amritsar in the report dated 19.12.1996. The report shall, however, be taken on the record of the trial Court, for the purpose of completion of sequence of events, leading up to the trial. It is also made clear that during the pendency of these proceedings, Baldev Singh Bhatti, SHO and ASI Baldev Singh shall not be posted in Police District, Amritsar. Petition allowed.