ANOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has knocked the door of this court through this Criminal Writ Petition filed under Articles 226 and 227 read with Articles 21 and 22 of the Constitution of India praying for the issuance of writ, order or direction ensuring safety of his life and liberty and punishment to respondent No. 3 and his subordinates for violation of right to life and liberty guaranteed to him by the Constitution of India. It is averred that on 3.5.96, ASI Balwan Singh alongwith his subordinates and other police men from CIA staff, Kaithal raided his house at 8 AM in his absence. At the time of raid, his father, mother, wife, children and younger brother were present. They did not disclose the grounds of raid to any of the members of his family or the respectable of the village at the time of raid. When his old father asked the reason for raid at his house, they started beating him with rifle butts and dangs. They slapped his father a number of times before the respectable of the village and arrested him. Members of his family and respectables requested the police not to humiliate and insult his father but to no effect. They took his father with them though nothing incriminating was recovered from his possession or premises or fields. When he returned to his village the entire woeful tale was narrated to him by the members of his family and neighbours. He alongwith others met respondent No. 2 and requested him to intervene and do justice into the matter. Respondent No. 2 assured him that he would do every justice to him. Respondent No. 3 tortured his father during the period he was kept in wrongful confinement. He apprehends false implication of his own or his father or some other member of the family as earlier also he and his father were implicated in false cases and they are on bail. At about 10 PM on 3.5.96 his father was let off. Whole of the family had to suffer humiliation and indignity in the village on account of the aforesaid episode. Grievance of the petitioner is that the police has violated various rights guaranteed by the founding fathers of the Constitution of India. They have set at naught all human rights recognized by the founding fathers of the Constitution while drafting the Constitution of India.

(2.) THIS Criminal Writ Petition has been opposed by the State of Haryana in the form of affidavit filed by Shri Prithi Singh, DSP Guhla urging that ASI Balwan Singh was deputed to protect the ballot boxes kept in DAV College, Cheeka from 28.4.96 to 10.5.96. On 3.5.96 ASI Balwan Singh attended the court of Sh. P.C. Gupta in case FIR No. 21/94 u/s 15/61/85 N.D.P.S. Act of P.S. Cheeka. ASI Balwan Singh was present in the court on 3.5.96. It was preposterous on the part of the petitioner to say that on 3.5.96 his house was raided by ASI Balwan Singh at about 8 AM. ASI Balwan Singh left the place of duty at 8.05 AM on 3.5.96 i.e. DAV College Cheeka vide Daily Diary Report No. 3, dated 3.5.96, Annexure R-2, for attending the court of Shri P.C. Gupta and he returned at 9.05 PM vide DDR No. 17, dated 3.5.96 Annexure R-3. Petitioner is facing trial under section 15 of NDPS Act, 1985 in case FIR No. 35/95 and 74/95. 32 bags each containing 40 Kgs of poppy husk was recovered from his possession in case FIR No. 35/95. 15 bags, each containing 40 kgs. of poppy husk was recovered from his possession in case FIR No. 74/95. Petitioner has filed writ petition with some oblique ulterior motive.

(3.) IN the case in hand, however, the presence of ASI Balwan Singh at the house of the petitioner on 3.5.96 at 8 AM is doubtful. Petitioner is resident of village Matkalian, District Kaithal and at 8.05 AM ASI Balwant Singh was present at DAV College Cheeka guarding Ballot boxes. At 8.10 AM he was present at P.S. Guhla ready to leave for Sessions Court at Kaithal for evidence in connection with the case FIR No. 21/94 under the N.D.P.S. Act, 1985 of P.S. Cheeka. ASI Balwan Singh was present on duty at DAV College, Guhla from 28.4.96 to 10.5.96 guarding ballot boxes.