BHAI JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who claims to be running Punjabi Daily 'Aj Di Awaj' from Jalandhar alleges to have been arrested on 11-1-1994 from his office at Jalandhar by the police party commanded by Deputy Superintendent of Police (D) Satinder Singh and Inspector, Chanehal Singh of C.I.A. Staff. Eight other persons namely Bhai Jasbir Singh, Kuldeep Singh, Amrik Singh, Ajaib Singh, Devinder Singh, Jasbir Singh, Gurdip Singh and Malkiat Singh were also arrested along with the petitioner. He was presented before the Court of S.D.M. Jalandhar on 12-1-1994 and remanded to judicial custody till 25-1-1994, which was extended for two more days on 28-1-1994 the petitioner was sent to Judicial custody till 12-2-1994 and thereafter was sent to judicial remand till 24-2-1994. The petitioner was arrested in F.I.R. dated 25-12-1993 for offences under Section 4/5, of the Explosive Act and Section 25, of the Arms Act. 1t was alleged in the F.I.R. that the accused along with others had formed a group and collected lot of explosives and destructive material with the object of creating terror in high populated areas by firing and causing explosions and by a plan of hitting VIPs. It is submitted that on 12-2-1994 all the eight persons were take from the Jail for presenting them before the Court of Shri R. P. Bansal who extended their judicial remand till 24-2-1994. Around 2-00 P.M. the police party took the accused to P. S. Jalandhar (Sadar) and their turbans were removed by force. They were locked in the police lock up. Around 7-00 P.M. SSP (Rural) Sh. Dinkar Gupta came to the Police Station and started interrogating the accused persons. It is alleged that the accused persons were insulted and humiliated with threats that they will be shot dead. After keeping them in the police station for the whole night, the petitioner was taken to the Jail on 13-2-1994 and handed over to the judicial custody. The petitioners intimated this Court that they apprehended of being killed in fake encounter or some false cases could be planted against them. They sought the protection during the period of judicial remand. It is contended that the manner in which the judicial custody of the petitioner is being used by the police for intimidating and insulting was illegal, unconstitutional and repugnant to effective functioning of criminal justice system in a democracy. The petitioner apprehended that he may be harmed during the protective judicial custody and subjected to intimidation and humiliation.

(2.) At the time of motion hearing, we issued notice to the Advocate General, Punjab and directed him to ascertain the true position by filing reply before the date fixed. On 1-3-1994, the respondents were directed that they will pot remove the petitioner from the judicial custody without obtaining prior permission of this Court. The aforesaid interim order was modified on 7-3-1994 to the extent that the respondents shall be at liberty to take the petitioner out of Jail for the purposes of obtaining judicial remand from the competent court of jurisdiction and bring him back to the Jail without any further delay. Vide our order dated 15-3-1994, we directed that Inspector Jail, Jalandhar to explain their position in view of the allegations made in the petition by means of their affidavits.

(3.) Affidavits in reply and as per our directions have been filed.