PADAM DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On September 23, 1986, Padam Dev and Ishwar Lal addressed a written complaint to one of us (Hon'ble the Chief Justice) whereby they alleged certain acts of harassment and high-handedness committed by the police personnel, namely, Girdhari Lal; A.S.I., Surinder Kumar and Hem Raj, constables against them. Having taken into consideration all the material facts and circumstances of the case, the letter was registered as a writ petition.

(2.) Shri Ishwar Lal, one of the petitioners, has been running a tailoring shop in Jungabazar for the last 15 to 20 years and was also having a residential house near his shop where he has been living with his family members all these years. The other complainant, Padam Dev, was working with him in the tailoring shop in August 1986. Respondent Girdhari Lal, at the relevant time was posted as A.S.I. In-charge, Police Post, Junga, while the other two respondents, Surinder Kumar and Hem Raj were serving as constables in the said police post under him. According to the petitioners, the respondent police officials have adopted a hostile posture towards the petitioners and that through abuse of their official position, they have committed such acts of misfeasance and malfeasance against the complainants as to make their lives highly insecure and thus miserable. These acts are described as under :-

(3.) Out of the three respondents, respondent No. 4 Girdhari Lal, A.S.I., and Hem Raj constable respondent 6 filed their returns.