MOHAN SINGH Vs. JASWINDER SINGH MANGAT

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, for the issuance of a writ of Habeas Corpus directing the respondents to produce Karnail Singh before the Court and for the appointment of a Warrant Officer, alleging therein that Karnail Singh was in the illegal custody of the Police Officers (respondent Nos. 1 to 4).

(2.) WARRANT Officer was appointed. He submitted his report dated 6.8.1998. In the said report, it was alleged that he along with the petitioner, visited CIA staff, Patiala, on 31.8.1998 and after disclosing his identity, he entered the main gate of the Police Station. It was alleged that he along with the petitioner searched for Karnail Singh, detenu, in various rooms. It was alleged that he was informed by the incharge of the CIA Staff that Karnail Singh @ Kaka along with others was wanted in FIR 121 dated 28.7.1998 under Sections 382/34, IPC of Police Officers, Julkan, and that they were absconding. It was alleged that while they were on their way to Police Station, Julkan, they stopped at Police Officers, Bhunarheri, and reached there at 9.20 p.m. or 31.7.1998 in order to search the detenu. It was alleged that on their arrival at the said Police Post, he disclosed his identity to the incharge there. It was alleged that the petitioner called the name of the detenu loudly, upon which, he responded from inside the Police Post. Thereupon, door of the Police Post was opened and Karnail Singh @ Kaka along with one lady namely Sinderpal Kaur @ Chhindo, came out of the Police Post. It was alleged that the incharge of the Police Post told the Warrant Officer that Karnail Singh was not wanted by them in any case of the said Police Post, even though he and aforesaid Sinderpal Kaur were wanted in the aforesaid FIR No. 121 of Police Station, Julkan, and that the SHO of the said Police Officers had left them in the said Police Post at 11.30 a.m. on 31.7.1998. It was alleged that they were got released from the detention and were made to sit in the van. It was alleged that thereafter, both Karnail Singh and Sinderpal Kaur were left at their house at Patiala and thereafter, he returned back to Chandigarh.

(3.) I have heard learned Counsel for the parties and gone through the record carefully.