BALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal writ petition filed by Baljit Singh-petitioner under Article 226 of the Constitution of India whereby he has sought writ in the nature of mandamus directing the respondents to remove/delete his name from the Police Surveillance Register No. 10 kept in Police Stations, Civil Lines, Rohtak and City Bahadurgarh. He has sought further direction to them to close his history sheet opened under the Punjab Police Rules, 1934 and remove his photograph kept in both the Police Stations and further stop summoning him at the said Police Stations daily and make him sit from sun rise to sun set. The facts set up by him in this petition are as follows :

(2.) THE petitioner is a B.A. student and a political worker having affiliation with the left parties. He is generally a much respected man in the Ilaqa. People come to him for his help and he accompanies them to the Police Stations and other offices. He organises agitations and raises banner against the corruption in different departments of the State including the police of Police Stations, Civil Lines Rohtak and City Bahadurgarh. On account of his organising agitations and raising banner against the corruption being indulged into by the police of the said Police Stations, the police of these Police Stations have turned hostile to him and they are out to implicate him in false case. FIR No. 266 dated 2.7.1994 was registered at Police Station Civil Lines, Rohtak under Section 393 read with Section 397 IPC. He was acquitted by Sh. R.C. Bansal, Additional Sessions Judge, Rohtak vide order dated 23.1.1995 holding that the prosecution had miserably failed to bring home to the accused-persons the charge levelled against them. Case FIR No. 269 dated 5.7.1994 was registered against him at Police Station Civil Lines, Rohtak under Section 25 of the Arms Act in which he was tried and was acquitted by Sh. R.C. Bansal, Additional Sessions Judge, Rohtak vide order dated 6.12.1995 holding that the prosecution had failed to prove its case against the accused beyond all reasonable doubt. Case FIR No. 109 dated 21.3.1994 was registered against him under Sections 457/380 IPC in which he and his co-accused were discharged by Sh. A.R. Raghav, Addl. Chief Judicial Magistrate, Rohtak with the observation that there was not even iota of evidence to connect them with the commission of offence. Case FIR No. 231 dated 1.7.1994 under Sections 457/380 IPC was registered at Police Station City Bahadurgarh. He was tried along with his co-accused and was acquitted by Shri J.R. Chauhan, Sub Divisional Judicial Magistrate, Bahadurgarh. He observed that there was no incriminatory evidence so that the same could be put to the accused under Section 313 Cr.P.C. Their examination under Section 313 Cr.P.C. was dispensed with by the Magistrate and they were acquitted of the charge. Case FIR No. 179 dated 16.5.1994 under Sections 394/397/411/216-A IPC was registered at Police Station Civil Lines, Rohtak in which he and his co-accused were acquitted by Shri R.C. Bansal, Addl. Sessions Judge, Rohtak with the observation that the prosecution had failed to prove its case against them beyond all reasonable doubt vide order dated 12.12.1995. Similarly case FIR No. 183 dated 2.7.1994 under Sections 395/393 IPC was registered at Police Station Sadar, Rohtak in which he and his co-accused were acquitted by Sh. S.K. Kapoor, Additional Sessions Judge, Rohtak. He observed while acquitting them that the prosecution had failed to lead any incriminating evidence against them which could be put to them under Section 313 Cr.P.C. He acquitted them without recording their statements under Section 313 Cr.P.C. as there was not even grain of evidence against them. It is averred that his photograph was taken in both the Police Stations and is hanging on the wall just in front of the entrance door so as to be visible to every-body. His history sheet has been opened in Form No. 23.09 of the Punjab Police Rules, 1934 and his name has been entered under Rule 34.4. His name has been entered in Class B, C and D of the Register of Bad Characters under Rule 23.3 of the Punjab Police Rules. His name is also entered in the Basta A and B of the Bad Characters Register No. X Part-II and history sheet opened in respect of the petitioner pursuant to entry in the Register. He is called in the said Police Stations by the respective Station House Officers and he is made to sit from sun rise to sun set. The averments made in the writ petition have been supported by a duly sworn affidavit of the petitioner.

(3.) SHRI Vimal Kumar, Advocate for the State of Haryana says that respondent No. 4 has not put in reply, although a T.P.M. was sent to him.