ASOK KUMAR Vs. MANGAL SINGH

JUDGEMENT

(1.) - This is a petition for habeas corpus for the release of Bharat Bhushan from the clutches of Mangal Singh S.H.O., Police Station, Mandi, Gobindgarh.

(2.) On 24.9.1982, I had appointed a Warrant Officer to search for the detenu at Police Station, Gobindgarh, while issuing rule for today. The Warrant Officer, as per his report dated 25th September, 1982, reached Police Station Mandi, Gobindgarh at about 7.20 P.M. on 24.9.1982. Bharat Bhushan detenu was found to be present in one of the rooms of the police station. He made a statement before the Warrant Officer that he was an Assistant in the Social Welfare Department of the Punjab Government and resided at Chandigarh, but had come to Sirhind the previous evening to meet his parents. According to him, a police party brought him to the police station from the residence of his parents in the morning and there he was given beating by the police asking him to tell the whereabouts of his brother Rajesh alias Nitu. He also stated that he had no knowledge about any case registered against him or against his brother at Police Station Mandi; Gabindgarh. The Warrant Officer met Mangal Singh S.H.O., respondent. No. 1 at the police station. He let the detenu leave the police station. The Warrant Officer found no entry in the roznamcha regarding Bharat Bhushan as to why he was called at the police station and far what purpose. The S.H.O. said that whatever reply he had to file, he would do so at the time of the hearing before this Court. He also told the Warrant Officer that the reply would contain as to in what connection the alleged detenu was brought at the police station.

(3.) In the reply submitted by Mangal Singh S.H.O., it is stated that he had received three applications against Bharat Bhushan, Mahinder Kumar and Sushil Kumar submitted by three persons namely Sikander Singh, Balwant Singh and Rajinder Kumar alleging cheating by partners of a New Light Scheme, Mandi Gobindgarh, He based his claim of the detention of the detenu by saying that he was formally summoned on 24th September, 1982 in view of the applications received by him. He maintained that since he had to go out of the police station far urgent work, the detenu had come in his absence and when he returned at the police station at about 7.30 P.M., the Warrant Officer was already there. He admitted having let off the detenu, immediately thereafter. Yet, he maintained that the detenu was not illegally detained, but he had just to wait for him in the pal ice station till his arrival. At the same time, he has cancelled that no criminal case is registered against Bharat Bhushan detenu.