CHANDGI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition discloses a callous attitude of some of the officials of the law enforcing agency of this country, and the casual manner in which these officials deprived the petitioner of his right of liberty guaranteed under Article 21 of the Constitution of India. It is disturbing to note that a person who was tried for negligent driving of a military vehicle by a Summary Court Martial and punished way back in the year 1977 or 1978, was re-arrested in September, 1994, declaring him to be a proclaimed offender. Petitioner was kept in illegal custody for a period of 24 days without any cause and inspite of his pleadings that he was not a proclaimed offender and had already been tried and duly punished by a Summary Court Martial.

(2.) PRESENT petition has been filed with two fold prayer i.e. for issuance of a writ of mandamus directing the respondents to pay compensation by way of damages to the petitioner for keeping him in illegal confinement for 24 days in gross violation of his fundamental rights guaranteed under Article 21 of the Constitution of India without any cause and directing respondents 1 and 2 to initiate departmental inquiry against the guilty officials and for awarding suitable punishment to them for their gross negligence in the discharge of their duties.

(3.) PETITIONER was tried by the Army authorities by Summary Court Martial and was awarded two months rigorous imprisonment in military custody, which the petitioner underwent, while he was serving in the Army. On his retirement from the military service in the year 1979, petitioner joined the Haryana Roadways as a Driver.