BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Bahadur Singh has filed the present petition under Article 226 of the Constitution of India seeking direction of this Court to produce Lakhwinder Singh his son who according to the petitioner is in illegal custody of respondent No. 3, SHO, Police Station Rai Kot Police District Jagroan and specifically the case pleaded by the petitioner is that his son was picked up by respondent No. 3 without the registration of any criminal case against him. Moreover, Lakhwinder Singh was never wanted in any cognizable offence. Vide order dated 1.4.1999, Warrant Officer was appointed to locate the alleged detenu Lakhwinder Singh. Raid was conducted by the Warrant Officer in the Police Station Rai Kot on 1.4.1999 and he found one person sitting in one of the rooms of the Police Station. He was identified as Lakhwinder Singh. It has also been stated by the Warrant Officer that there was no entry in the roznamcha regarding the arrest of the detenu Lakhwinder Singh. It has been stated by the Warrant Officer in his report dated 5.4.1999 that F.I.R. No. 25 dated 26.3.1999 under sections 420/423 I.P.C. was registered against the father of Lakhwinder Singh and that Shri Lakhwinder Singh had come to the Police Station to enquire from the S.H.O. of the Police Station about the F.I.R.

(2.) NOTICE of the petition was given to the respondent. Written Statement has been filed in which the allegations of the petitioner have been denied. According to the respondent, a criminal case was registered under Sections 420/423 I.P.C. against Shri Bahadur Singh on 26.3.1999. The petitioner filed application under section 482 Cr.P.C. in the High Court and sought the directions from the High Court that in case he is to be summoned at the Police Station atleast four days notice in writing shall be given. It is the stand of respondent No. 3 that on that day alleged detenu Shri Lakhwinder Singh came to the Police Station at his own in order to enquire about the nature of allegations which were levelled by the complainant against his father Bahadur Singh.

(3.) IT is proved from the report of the Warrant Officer that Shri Lakhwinder Singh was found in one of the rooms of the Police Station and there was no criminal case registered against him. It is also proved that against Bahadur Singh a criminal case was registered by the police on 25.3.1999. Possibility cannot be ruled out that in order to put pressure upon Bahadur Singh so that he surrender before the police, his son Lakhwinder Singh was picked up and illegally detained which would compel Bahadur Singh to appear in pursuance of the criminal case which was registered against him on 26.3.1999. The point for determination in these circumstances would be whether the proved act of illegal detention qua Lakhwinder Singh should be condoned. During the course of submission, it has been stated by the learned counsel appearing on behalf of the petitioner that police is still harassing family of Bahadur Singh. So much so, a criminal case has been registered against Bahadur Singh and his son Lakhwinder Singh under section 307 I.P.C. in connivance with the police when there was no injury at all. This aspect of the case has also been admitted by the State a criminal case under Section 307 I.P.C. has been registered against Bahadur Singh and his son Lakhwinder Singh and Shri Bhagwan Singh is the complainant who was alleged that Bahadur Singh and his son Lakhwinder Singh allegedly fired upon with intention to kill him. I do not want to comment at this stage on the case under section 307 I.P.C. lest it may prejudice the case of any party to this petition. The fact remains that Lakhwinder Singh was found in illegal detention on 1.4.1999 and the police had not adopted any legal procedure to summon him in the Police Station. No notice under Section 160 Cr.P.C. was served upon Lakhwinder Singh. He was not an accused in case FIR No. 25 registered on 26.3.1999. I am totally not convinced with the stand taken by respondent No. 3 that Shri Lakhwinder Singh appeared in the Police Station at his own accord in order to enquire about the allegations against his father. He would be the last person to go to the Police Station at his own accord when his father had obtained orders from the High Court on 30.3.1999 that in case Shri Bahadur Singh in required he shall be given a four days written notice from the Police Station in advance. In this view of the matter, I hold that Lakhwinder Singh was illegally detained in the Police Station at the behest of S.H.O. Police Station Rai Kot and he is liable for the act of wrong. I award a sum of Rs. 5,000/- by way of compensation to Shri Lakhwinder Singh. The amount shall be deducted from the personal pay of the S.H.O. Let a copy of this order be sent to D.G.P., Punjab bringing to his notice that the law courts will not tolerate illegal detention of the citizens and that the police officer who commits wrong in this regard would always be liable for his illegal acts and the acts of the commission and omission.