PIARO BAI Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS petition for habeas corpus was filed by a widow to get released her son Bagga Singh son of Gurdit Singh from the illegal detention of the respondents. A Warrant Officer appointed by this Court to search for the detenu at Police Station Sidhwan Bet has reported that when he reached the Police Station on 27th August, 1983 at 11. 55 a. m. , Kuldip Singh, Moharrir Head Constable on duty, could not show him any entry in the roznamcha of the Police Station pertaining to the detenu, though the detenu was confined in a room on the right side of the main door of the Police Station". The said Mohair Head Constable told the Warrant Officer that no case had been registered against the detenu and that the said detenu had been brought to the Police Station by A. S. I. Karnail Singh. The Warrant Officer then recorded the statement of the detenu which is part of the file. In that statement the detenu alleged that he had been brought by A. S. I. Karnail Singh. Vijay Kumar and Surinder Kumar Constables on 21st August. 1983 from his village and since then he stood confined in the lock up. He further stated that he was given severe beating by Surinder Kumar, constable. In the meantime. Sh. Gurkirpal Singh S. H. O. Police Station came there and he also could not point out any case to the Warrant Officer in which the detenu was required. The S. H. O. of course, admitted before him that a. S. I. Karnaii Singh had brought the detenu. A. S. I. Karnail Singh as also Vijay Kumar and Surinder Kumar, Constables were stated to be out on official duty and were not present at the police Station.

(2.) REPLY has been put in by A. S. I. Karnail Singh. According to him, F. I. R. No. 51 dated 13-2-1982 stood registered ,at the Police station relating to a blind murder committed by unknown persons. The investigation statedly was with C. I. A. Inspector Ajit Singh. The said Inspector on 21st Aug. 1983 statedly wrote in the case diary that the detenu be associated in the investigation. Further, A. S. I. Karnail Singh has countered that he had, deputed two respectables of the area. namely, Jit Singh and Gurdev Singh Zaildar to produce the detenu before him. He was statedly produced before him at Jagraon but since he was busy in the checking of challans, on his direction those respectables had taken the detenu to Police Station Sidhwan Bet when the Warrant Officer raided the Police Station. There are supportive affidavits of Jit Singh and Gurdev Singh Zaildar to that effect.

(3.) AS is patently clear, there is great divergence of version between the police officers regarding the presence of the detenu at the Police Station. All the Police Officers, who were immediately present at the police- Station when the Warrant Officer raided the premises, were categoric that the detenu had been brought by A. S. I. Karnail Singh to the Police Station. None of them ever stated before the Warrant Officer that the detenu had been sent by A. S. I. Karnail Singh through any such respectables. The said two respectables, who have claimed to be at the police Station at the time of the visit of the Warrant Officer, did not show their faces even to him to claim that they had brought the detenu to the Police, Station, a short while earlier.