NIRMAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS miscellaneous application has been moved by Shri Rajinder Pal Anand, Inspector/SHO, Police Station, Amloh, District Fatehgarh Saheb, in Criminal Miscellaneous No. 20509-M of 1997 (Nirmal Kaur v. State of Punjab) praying for recalling of order dated 30.3.1998 passed by this Court (Hon'ble Mrs. (Dr.) Sarojnei Saksena, as she then was).

(2.) SMT . Nirmal Kaur has filed a Civil Writ Petition No. 8051 of 1996 alongwith her daughter Maninder Kaur against the State of Punjab, State of Haryana, Union Territory Administration, the Director General of Police, Patiala, Sh. Pushpinder Singh Gill, DSP Nabha, the present applicant Sh. Rajinder Pal Anand, ASI Naranjan Singh, HC Harbhajan Singh and Jaspal Singh Driver; under Articles 226/227 of the Constitution of India for issuance of a writ of mandamus directing the States of Punjab, Haryana and Union Territory, Chandigarh, to make suitable necessary amendments and additions in the Code of Criminal Procedure and Punjab Police Rules, 1934, making it mandatory that all the police stations should have regular female staff of the rank of officers as well as constables and they should remain present 24 hours. Interim guidelines were also sought till the Code of Criminal Procedure and Police Rules were suitably amended. The petitioner Nirmal Kaur also prayed for an enquiry to be entrusted to the District and Sessions Judge to go into the allegations of harassment, humiliation and criminal assault suffered by the petitioners at the hands of the police officials, arrayed as respondents No. 6 to 10. She also prayed for issuance of a direction to the Director General of Police, Punjab, to transfer the aforesaid respondents (No. 6 to 10) out of the district of Patiala so that they may not put pressure on them as also their witnesses. The petitioners also sought orders regarding their pre-arrest bail as they apprehended false implication by the guilty police officials.

(3.) THIS writ petition came up eventually before a Division Bench of this Court, presided over by Hon'ble Amarjeet Chaudhary, J. (as he then was) and was disposed of vide judgment dated August 5, 1997 with certain observations. The petitioner/Nirmal Kaur thereafter filed a Criminal Miscellaneous No. 20509-M of 1997 in this Court, seeking issuance of a direction to the respondent State of Punjab and S.S.P., Patiala to give effect to the enquiry conducted by Sh. Balbir Singh Randhawa, the then Superintendent of Police (Crimes) Patiala, on the directions of the Director General of Police, Punjab.