GURMUKH SINGH Vs. HARBANS LAL

JUDGEMENT

(1.) A writ petition was filed by Gurmukh Singh r/o village Behlopur for issuance of a writ in the nature of habeas corpus directing the respondent to produce Dalbir Singh alias Banka, son of the petitioner, wherein allegations were made about the arrest of Dalbir Singh and his disappearance from police custody. Another letter received from Ajit Singh, Sarpanch and Ors. was also treated as a criminal writ petition and an inquiry was ordered with respect to the allegations made in this petition. The Sessions Judge, Ropar, made his report after making the necessary inquiry.

(2.) DALBIR Singh alias Banka was arrested by the police at Kharar and was taken to his house at his village on February 6, 1991 and was brought back after making search. On February 8, 1991, the police conveyed information to the relations of Dalbir Singh that he had absconded from police custody. The learned Sessions Judge, after examining the evidence, has found the version of the police about abscondance of Dalbir Singh from inside the police station to be false. He has also found that there was no justification for arresting Dalbir Singh and subsequently detaining him with police after search had been carried out at his house and no incriminating article had been recovered from him. That Dalbir Singh had been arrested with an ulterior motive and the police has come out with a lame excuse about his running away from custody.

(3.) AFTER hearing the learned counsel, I accept the arguments of Mr. Navkiran Singh that the police has caused disappearance of Dalbir Singh alias Banka. The State is liable for the action of its officers for such matters. I, therefore, order that the State shall pay a compensation of Rs. 50,000/- to the parents, wife and infant child of Dalbir Singh alias Banka. Out of this amount Rs. 10,000/- shall be paid to each of his parents, Rs. 20,000/-shall be paid to the wife Sukhwant Kaur and Rs. 10,000/- to the minor child. The compensation awarded to the minor child shall be deposited in the fixed deposit and Sukhwant Kaur will receive the interest for his upbringing and education. The amount shall be deposited within two months with the Registrar of this court. In case the amount is not deposited within the stipulated period, the State shall pay a further interest at the rate of 12 per cent per annum on this amount from the date of default till its deposit.