NAND KISHORE Vs. INSPECTOR SUKHWINDER SINGH

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court alleging willful disobedience and violation of the directions of the Hon'ble Supreme Court in D.K. Basu v. State of West Bengal, 1997(1) RCR(Criminal) 372 : AIR 1997 SC 610 and Dr. Vineet Gupta v. State of Punjab, 1998(3) Recent Criminal Reports 221 for handcuffing the petitioner, keeping the petitioner in illegal detention for whole night and for physically torturing him.

(2.) IT is the case of the petitioner that Station House Officer Sukhwinder Singh along with other police personnel tried to take forcible possession of a plot belonging to one Kanwaljit Kaur wife of Shri Mangal Singh on 22.09.2003. Mangal Singh was illegally detained and tortured. The said Mangal Singh approached the petitioner, who is stated to be a social reformist and District Secretary of Anti Crime and Corruption Bureau of India. On the basis of the said complaint, a First Information Report was registered against Station House Officer Sukhwinder Singh and his brother on 2.6.2005. No investigation was made and report furnished to the Court. The petitioner along with the Smt. Kanwaljit Kaur and other respectable were proceeding to meet the higher officers to take strict action against respondent No. 1, the police personnel stopped the procession and started wielding canes on the processionists. The petitioner and Kanwaljit Kaur were badly beaten by the police personnel on 21.4.2006. When the petitioner and Kanwaljit Kaur were undergoing treatment in Government Hospital, Amritsar, the petitioner was detained and tortured for the whole night and in the morning registered a false and frivolous F.I.R. No. 47 dated 21.04.2006 under Sections 323, 341, 379, 356, 506, 148 and 149 of the Indian Penal Code. The petitioner alleged that to insult and to defame the petitioner, respondents No. 1 to 4 handcuffed the petitioner by twisting his arms towards his back and took him through the whole city of Amritsar and in Court Complex, Amritsar. One day remand of the petitioner was given to the respondents. An application was filed by the police for using handcuff but the said application was declined by the learned trial Court on 22.04.2006. On 23.04.2006, a request for extension of remand was made. The arms of the petitioner were again twisted towards his back but the media covered the highhandedness of the police of handcuffing the petitioner by twisting his arms to his back. The petitioner moved an application for medical examination. The medical examination was allowed. It was alleged that handcuffing of the petitioner. by twisting his arms to his back is violative of the directions of Hon'ble Supreme Court in D.K Basu v. State of West Bengal, AIR 1997 SC 610 and Dr. Vineeta Gupta v. State of Punjab, 1998(3) Recent Criminal Reports 221.

(3.) AFTER hearing learned counsel for the parties, I am of the opinion that the present petition lacks bona fide. It is the case of the petitioner that he was handcuffed on 22.4.2006 and 23.04.2006. On both dates, he was produced before the learned trial Magistrate but the petitioner has not made any grievance in respect of the alleged handcuffing. The present petition has been filed on 11.07.2006 i.e., after more than six weeks of the alleged handcuffing and torture. In the replication, the petitioner has not denied the number of cases filed but asserted that they are outcome of the outburst of the general public against the police personnel. The cases referred to by respondent No. 1 were said to be false cases planted on the petitioner.