HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BEFORE I give the operative portion of this order, I want to give in brief what has led to the filing of the present petition.

(2.) ONE Harbans Singh S/o Mehan Singh, filed a petition u/s 482, Cr.P.C. read with Articles 226/227 of the Constitution of India, seeking the directions of this court in the nature of habeas corpus for the release and production of Bakshish Singh and Kikkar Singh, who according to the petitioner were in the illegal custody of the police and they were allegedly beaten, tortured and harassed by the respondents. This petition came up for hearing before Hon'ble Mr. Justice Swatanter Kumar and his Lordship was pleased to pass the orders on 18.10.1995, to the following effect :-

(3.) NOW , both Bakhshish Singh and Kikkar Singh are free persons. The point which survives for determination is what further action should be taken against the defaulters/delinquent officials of the State and whether the State should be burdened with compensation on account of the acts of omission which have been committed by its functionaries.