GURMEL SINGH Vs. INCHARGE, POLICE CHOWKI DHARAMGARH

JUDGEMENT

(1.) IN this petition filed, under Article 226 of the Constitution of India, the grievance of petitioner, Gurmel Singh, was that Amrik Singh son of Piara Singh has illegally been detained by Incharge of Police Chowki, Dharamgarh under P.S. Sunam, District Sangrur. In the petition it was alleged that one Niranjan Singh son of Jang Singh, respondent No. 2 herein, had a dispute of Pahi as the lands of respondent No. 2 and the detenu are adjoining. Respondent No. 2 being close to Incharge of Police Chowki, Dharamgarh, got Amrik Singh illegally detained. It was also alleged that during detention, third degree treatment was meted out to him. He was hand- cuffed and brought in the village Chowk where his face was blackened and he was humiliated. On a prayer made by learned counsel for the petitioner, this Court issued notice to the respondents for 2.5.1995 and a Warrant Officer was appointed to search the detenu at this place of confinement or any other place to be pointed put by the petitioner. Warrant Officer during search found the alleged detenu in Police Chowki and on enquiry it was revealed that neither any case had been registered against him nor he was wanted by the police. However, a complaint without date was shown to the Warrant Officer on the basis of which it was alleged that Amrik Singh had been called to the police station. In the written statement filed by way of affidavit, ASI Surinder Pal Singh Incharge Police Post, Dharamgarh, District Sangrur, took a definite stand that on 30.4.1995, Niranjan Singh, respondent No. 2 came to the police post and handed over a complaint against Amrik Singh. On receipt of the complaint, he deputed an official to go to the village and ask the Sarpanch to come to the police post with both the parties. He also stated that on 30.4.1995 in the evening, the village Sarpanch came to the police post along with both the parties and after some talk, the Sarpanch as well as the complainant requested him to give 2-3 days time to sort out and compromise the matter at their own level. On this, he asked the parties to come to the police post as at 5.00 p.m. on 3.5.1995. On 3.5.1995 ASI Surinder Pal Singh left for Malerkotla to attend the Court as a witness in case, FIR No. 98/1994 under Section 452/323 IPC, P.S. Malerkotla and after attending the court he came back to the police post at 6.10 p.m. In his affidavit, he further stated that on his coming back, he found Amrik Singh sitting inside the police post whereas the Sarpanch and others had gone out and sat at the shop in front of the police post. In the meantime, Warrant Officer came and found Amrik Singh sitting in the police post. He in his affidavit stated that in these circumstances, Amrik Singh had come to the police post.

(2.) SINCE there was a serious dispute on facts, this court directed the District and Sessions Judge, Sangrur, to enquire into the matter and return his finding. The District and Sessions Judge, after giving due opportunity to the parties to lead evidence, submitted a detailed report running into 19 pages and as a result of the enquiry he concluded as follows:-

(3.) LEARNED counsel for ASI Surinder Pal Singh has submitted that the petitioner has not come to this court with clean hands as in the petition he had stated that respondent No. 2 had a dispute with the detenu in regard to Pahi and in that connection the detenu had been called to police post where he was kept in illegal detention and was humiliated, whereas before the District and Sessions Judge, the detenu has failed to prove that he had any dispute with Niranjan Singh with regard to Pahi in the village. Counsel also submitted that the District and Sessions Judge has also found that Niranjan Singh had no close contacts with Surinder Pal Singh ASI rather it has been found by the District and Sessions Judge that Amrik Singh, detenu had mishaved with Rajwinder Kaur daughter of Niranjan Singh in the house of Niranjan Singh. Niranjan Singh had made a complaint in this regard to the Incharge, Police Post. Dharamgarh, who called Amrik Singh to the police post.