LAWS(P&H)-1996-2-144

KARTAR SINGH TOMAR Vs. STATE OF HARYANA

Decided On February 15, 1996
Kartar Singh Tomar Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) KARTAR Singh Tomar petitioner had joined the police department. In 1987 he was working as Superintendent of Police and has since retired on 30.11.1995.

(2.) IN his application seeking anticipatory bail, his contention is that Meham Assembly Constituency seat fell vacant following the resignation of Shri Devi Lal who was to join the Central Government as Deputy Prime Minister in November, 1989. Shri Om Prakash Chautala succeeded Shri Devi Lal as the Chief Minister. Shri Chautala was one of the candidates for bye-elections in Meham. The Central Election Commission ordered re-poll in some of the booths. Re- polling was conducted on 28.2.1990. On that day there was large scale disturbance and violence. The election was countermanded. A new notification for holding elections on 26.5.1990 was issued. The main contest was between Shri Om Parkash Chautala and Shri Anand Singh Dangi. There were some other candidates in the fray. On 17.5.1990 the dead body of one Amir Singh an independent candidate was recovered within the area of police station Bhiwani Khera. Shri Anand Singh Dangi was denounced as principal accused in the first information report that was registered with respect to offences punishable under Sections 302/364/120-B and 34 Indian Penal Code.

(3.) THE FIR was registered with respect to offences punishable under Sections 302/307/120-B IPC. It recites that on 17.5.1990 at about 6.00 p.m. many officers and officials of the Haryana Police including the Deputy Inspector General of Police, the petitioner and others had come to the said village. The house of Shri Anand Singh Dangi was located in the street. The Chief Minister of the State was present. He left after talking to the petitioner. After the Chief Minister had left, the police force came to the street where the house of Shri Anand Singh Dangi was situated. The petitioner had enquired in a loud voice about the whereabouts of Shri Dangi. Shri Dangi came from the upper storey room to the verandah and the petitioner, Inspector Om Prakash and SHO Prem Singh opened fire at him. Shri Dangi retreated to the room and was not hurt. When the police party attempted to go upstairs, the wife of Shri Dangi and his servant intervened. The Deputy Inspector General of Police fired a shot on the servant who died. The wife of Shri Dangi and other ladies did not allow the police to go upstairs. The other persons had collected there and raised slogans against the petitioner. Deputy Inspector General of Police ordered to teach them a lesson. The police opened the fire indiscriminately. The constables generally fired in the air but the petitioner, Inspector Om Prakash and DSP Sukhdev Raj fired at the crowd. One girl Ishwanti was sitting in the window of the neighbouring house. She was killed in the firing. Large number of persons were injured.