PURAN CHAND Vs. MAJOR SINGH

JUDGEMENT

(1.) PURAN Chand, father of Ashwani Kumar alias Pinki has filed this Petition against Major Singh Inspector, S.H.O. of Police Station Division No. 1, Jullundur City for punishing him under the Contempt of Court Act. It is alleged in the petition that his son Ashwani Kumar alias Pinki was working in Ahuja Labour Industries, Industrial Area, Jullundur City, which is owned by Shri K.S. Ahuja; that his son suffered an injury on his hand, which rendered him incapable of doing any service and, for that purpose, he was thrown out of his employment by Shri K.S. Ahuja; that he claimed compensation from the owner of the factory, but Shri K.S. Ahuja threatened him that a false case would be registered against him for stealing of rubber straps which were being manufactured in his factory; that apprehending his arrest Ashwani Kumar alias Pinki moved the Sessions Judge, Jullundur on 13th February, 1982 for the grant of anticipatory bail and he was allowed the ad-interim anticipatory bail by Shri M.S. Luna, Additional Sessions Judge, Jullundur on 15th February, 1982; that a notice was issued to Inspector Major Singh respondent for 20th February, 1982, on which date the respondent did not appear in the Court, that on the request of the State Counsel, the case was adjourned to 24th February, 1982 and the interim bail continued upto that date. It is further alleged in the petition that on 22nd of February. 1982, Ashwani Kumar alias Pinki was arrested by the respondent despite the knowledge of the order of anticipatory bail and despite the fact that he was informed by the petitioner as well as by Ashwani Kumar that anticipatory bail had been granted. Ashwani Kumar, it is alleged, was kept in illegal custody and was mercilessly beaten by the respondent. The petitioner sent telegrams on the same day to Hon'ble the Chief Justice of Punjab and the Inspector-General of Police regarding the illegal detention. The petitioner also moved the Additional Sessions Judge, Jullundur on 23rd February, 1982 for contempt of the order of that court, on which notice of contempt was issued to the respondent for 24th February 1982. On that date, the respondent never appeared in the court. On 25 February 1982, the respondent released Ashwani Kumar and, immediately on his release, the petitioner got his son examined from the Civil Hospital, Jullundur City. According to the doctor five injuries were found on the person of Ashwani Kumar. The learned Additional Sessions Judge, Jullundur dismissed the anticipatory bail application of Ashwani Kumar on 27th February, 1982 and also dismissed the application for contempt on 1st March 1982. Ashwani Kumar, however, moved an application (Cr. M. No. 1004-M of 1982 for grant of anticipatory bail, in the High Court, which was allowed on 18th March, 1982.

(2.) REPLY has been filed by the respondent, who has denied the allegations made in the petition. Evidence was also led by the parties. The petitioner produced P.W. 1. Sewa Singh son of Sant Singh, President Nagar Sudhar Sabha, Gandhi Camp. Jullundur City, P.W. 2 Ashwani Kumar son of Girdhari Lal's factory owner, Industrial Area, Sodhal and P.W. 3 Ashwani Kumar son of the petitioner. These witnesses have supported the allegations made in the petition. They have no animus against the respondent. They have categorically stated that the order regarding grant of ad-interim anticipatory bail to Ashwani Kumar by the Additional Sessions Judge, Jullundhur was conveyed to the respondent contemner, but he did not care for the Court's order and arrested Ashwani Kumar on 22nd February, 1982. Tortured him and kept him in illegal custody upto 25th February, 1982.

(3.) R .W. 2 Bahadur Singh son of Gulab Singh is another witness produced by the respondent - contemner, who has also supported the version of the respondent. This witness also seems to be made-up witness as he has admitted in his cross-examination :- I occasionally go to the Police Station in connection with some work. Sometimes I go there many times in a day. I go to the Police Station whenever some disputes occur between the parties. I might have been prosecuted in one or two criminal cases I was involved in many land disputes ..... Kartar Singh Ahuja is of my brotherhood." He has admitted that Kartar Singh Ahuja was present outside the Court on that day.