CHARANJIT SINGH Vs. INSPECTOR GURDEV SINGH

JUDGEMENT

(1.) THIS petition in the nature of habeas corpus directing the respondents to produce one Ranjit Singh resident of 63, Sewa Nagar, Amritsar was filed by the petitioner on 9th March, 1988. The same day, notice was issued for production of Ranjit Singh, and a warrant officer was appointed for search of the detenu in P.S. Sadar Amritsar and Police Post Vijay Nagar under the said Police Station or any other place that may be pointed out by the petitioner. The warrant officer accompanied by the petitioner went to Amritsar the same day at 4.35 p.m. and reached there at about 2.15 p.m. In the morning on 10th March, 1988, the petitioner went to various police stations/police posts to find out the whereabouts of the alleged detenu. In the meantime, the warrant Officer stayed at the house of the petitioner. The petitioner came back at 4.30 p.m. and told the warrant officer that the alleged detenu was in the lock-up of Police Post Sultanwind and they reached there at 5.15 p.m. The warrant officer disclosed his identity and the purpose of his visit and asked the petitioner to call the alleged detenu by name and in a loud voice. After hearing the call, Ranjit Singh detenu was found present in the lock-up. A wireless operator who was sitting on the seat of Moharrir Head Constable did not disclose his name. The warrant officer after disclosing his identity and the purpose of his coming asked him to give the roznamcha but instead the wireless operator took away the roznamcha and refused to hand it over to him, telling that the same would be given on the arrival of the Incharge of the police post. The warrant officer gave him a threat for consequences of the non-compliance. The wireless operator put the roznamcha on the table and the warrant officer made necessary entry therein regarding his arrival, presence of the alleged detenu and his departure. During his presence there, the wireless operator sent a wireless message to the Police Station Sadar Amritsar about the visit of the Warrant Officer and asked him to send Shri Gurmit Chand, Sub Inspector in charge Police Post Sultanwind, immediately. The warrant office tried to come out of the Police Post but the said wireless operator and one Constable Ajaib Singh did not allow him to come out and asked him to stay there till the arrival of Gurmit Chand. The Warrant Officer stayed there and the operator told him that the alleged detenue had been brought out from Vijay Nagar a day before, i.e, on 9th March, 1988. Shri Gurmit Chand came there after about half an hour and on asking of the Warrant Officer informed him that the alleged detenu had been arrested by Sh. Mohinder Singh, ASI, of Police Station Sadar Amritsar in some robbery case and had been sent there at about 4.30 p.m. on 10th March, 1988, for interrogation. Absence of entry in the roznamcha to this effect was admitted by the Sub Inspector. The Warrant Officer then left for the Police Station Sadar for service of warrants on respondents No. 2 and 3 and he was accompanied by Sh. Gurmit Chand. They reached there at 6.55 p.m. and found Shri Gurdev Singh, Inspector present and the summons were served on him. Shri Joginder Singh also received the summons on behalf of ASI Mohinder Singh and ASI Swaran Singh. Inspector Gurdev Singh informed the warrant officer that the alleged detenu had been arrested on 10th March, 1988 in connection with FIR No. 426 dated 27th July, 1987 under Section 395 IPC, 25 of the Arms Act and Section 3/4 of the T.D. Act, relating to P.S. Sadar Amritsar, vide DDR No. 20 of that date at 3.30 p.m. and thereafter the detenu was sent to the Police Post Sultanwind for interrogation. To this effect the Warrant Officer has submitted his report which is on the file.

(2.) IN reply to the allegations, ASI Mohinder Singh, Inspector Gurdev Singh and ASI Swaran Singh have tendered their respective affidavits. Copies of DDR Nos. 15, 19 and 20 of 10th March, 1988, relating to P.S. Sadar Amritsar have been placed on record. Affidavits of SI Gurmit Chand, Constable Ajaib Singh and Constable Harjinder Singh are also on record. Another affidavit of Constable Harjinder Singh was also filed.

(3.) IN this affidavit, Ranjit Singh detenu has stated that in the month of February, 1988, he was a student of B.Com. (Final Year) and was arrested from his house at 6 a.m., on 10.2.1988, by police party consisting of Inspector Gurdev Singh, ASI Mohinder Singh, ASI Swarn Singh and other Police Officials. It is further deposed by him that he was illegally detained in Police Station Sadar, Amritsar for 7/8 days and then shifted to Police Post Vijay Nagar, Amritsar where he was shifted to Police Post Sultanwind in the evening and formal arrest was shown on 10.3.1988 after the warrant officer visited that Police Post. Upto that time, he was never produced before any Court and rather, was maltreated and tortured by the above named Police Officers. On that day also, according to this affidavit, he was involved in a false case in which he was granted bail by the Court only in August, 1988. He appeared in B.Com. (Final) Examination in April, 1988 while in Central Jail, Amritsar, but because of his non-attendance to studies and illegal custody, he failed in two papers. It is also asserted that the deponent was otherwise a brilliant student in Khasla College, Amritsar.