P. Jaganmohan Reddy, J. - (1.) This appeal is for expunging certain remarks made against Appellants in the order of the Punjab and Haryana High Court on a Habeas Corpus Petition filed by one Hans Raj Midha for the production of his son Prem Prakash Midha who is said to have been detained illegally by the Central Investigation Agency (C. I. A.) Staff Karnal. In an investigation of an offence of theft committed on 1-4-68 of a Cash Box containing Rupees 10667/87 from the Head Post Office. Karnal where the said Prem Prakash Midha was working as a Clerk Incharge in the Savings Bank Section. It appears from the Habeas Corpus Petition presented to the High Court on 10-5-68 that after Prem Prakash who was working in the Bank, had gone out to meet his wife and came back he found the cash box missing. Immediately he reported the loss to the Assistant Post Master. It also appears from the affidavit filed on the return made by the appellant Jage Ram that a report of the theft of Rupees 10667/87 belonging to the Postal Department was given on the same day over the telephone, an F. I. R. was issued under Section 380, Indian Penal Code by the Police Station, City, Karnal. After the City Police had investigated the offence the investigation was handed over to the CIA Karnal under the orders of Superintendent of Police, Karnal on 24-4-68. The petitioner's father alleged in his Habeas Corpus petition that his son Prem Prakash was interrogated in his house before the case was entrusted to the CIA but nothing incriminating was discovered; that on 5-5-68 at about 5 p.m. he was taken away by ASI Dyal Chand and a foot constable as Prem Prakash was wanted by Shri Jage Ram, Inspector CIA that Shri Ravinder Mehta the brother-in-law of the accused went to the CIA Staff Office at Model Town and found him in their custody, but he was not allowed to meet him that day. The next day on 6-5-68 the father went to the Police Station at Model Town to see him but he was not allowed to enter the premises nor was he allowed to interview his son. While the father was there he heard the cries of his son who was obviously being tortured. Ravinder Mehta also visited the CIA Staff on 7th and 8th and 9th may 1968 and heard the cries and wailing of Prem Prakash who was being tortured. The father of the petitioner, had also visited the Police Station from 7th to 9th when he heard the hue and cry of Prem Prakash. It was alleged that Jage Ram, Inspector CIA and Dyan Chand, ASI were torturing Prem Prakash brutally and illegally prayed that "a search warrant may be issued and a Court officer may be deputed to effect the search of Prem Prakash at the CIA Staff, Model Town, Karnal or at any place pointed out by the father of Prem Prakash, his wife or his brother-in-law Ravinder Mehta", that a rule for the production of Prem Prakash may be issued and that he may also be medically examined immediately. On the petition being presented on 10-5-68 the same day Jindra Lal, J. sitting singly passed the following order:"Rule returnable on Monday the 13th May, 1968. On the request of the learned Counsel I appoint Shri Sadhu Ram Gupta, my Reader to accompany the petitioner and to search the office of the C. I .A. Staff, Karnal, or any other place where the detenu is alleged to be confined. If the detenu is really in the custody of the Respondents, he must be produced before this Court on the 13th May, 1968, also if he is really in the custody of the Respondents or any other detaining authority in Karnal he must be forthwith medically examined by the Chief Medical Officer, Karnal, or in his absence from Karnal, the Officer next in Charge."
(2.) In compliance with these orders, according to the report of Shri Sadhu Ram Gupta the Reader of the learned Judge, he reached the C. I. A. Staff Office at 8.30 p.m. on the same day accompanied by the father of the accused and one Shri Narinder Singh an Assistant in the Criminal Branch of the Court whom he took after obtaining verbal permission of the Judge as he has been going on such raids previously. After reaching the Police Station they saw one Kashmiri Lal constable (No.267) who on enquiry told them that the Inspector and the Asstt. Inspector had gone to take their meals. They then entered the main building and asked the petitioner to call out the detenu by his name and heard the faint voice of Prem Prakash Midha coming from a room. They lit the torch and opened the shutters and found Prem Prakash Midha lying on a gunny carpet spread on the floor and saw that his feet were swollen and he had some injuries on his head. The accused told them that he had been called on the 5th May '68 by Dyal Chand and some constables and was detained in C.I.A. staff since then. He was not allowed to move out nor any of his relatives were allowed to see him. He also told them that he had been daily administered beating with a danda by both the respondents. On their enquiry Kashmiri Lal told them that there were no papers relating to enquiry in connection with which the detenu had been detained nor was they any daily diary register maintained in the C.I.A. Staff Office. In the meantime when another constable Uma Datt in plain clothes reached there he was taken aside by constable Kashmiri Lal who asked him to inform the Respondents i.e. the Inspector and the Asstt. Sub-Inspector about the purpose of their arrival. At about 9.10 p.m. the said constable came and told that he had informed the Respondents and that they would reach soon. At 9.25 p.m. one person in plain clothes came in the courtyard on a cycle and when asked if Respondent No.1 namely the Inspector had come, he told him that he would just go and bring him. As soon as he had asked him to go some relatives of the petitioners who were in the courtyard told him that he was ASI Dyal Chand respondent No.2, and immediately the Court Reader asked him not to go but in spite of it he went away on his cycle. At 10.50 p.m. Jage Ram Respondent 1 reached the office and told him that the detenu was under their legal arrest. When he was requested to show him the papers concerning the arrest of the accused. Respondents 1 told him that the papers were with Respondents 2 and he directed Kashmiri Lal to ask Dayal Chand to bring the relevant papers. At about 11.15 p.m. someone out of the relatives of the petitioner had told them that Respondent 2 was busy writing some papers in a nearby house and he therefore asked Shri Narinder Singh to go and find out the matter. Within ten minutes Shri Narinder Singh came back with ASI Dayal Chand and told him in the presence of the Respondent No.1 that the ASI was preparing a zimini and that he had taken out the carbon papers in his presence and that further the ASI had tagged those papers along with the police file. Respondent No.2 handed over the file to Respondent 1 which related to the FIR No.88 dated 1-4-1968 P.S. Saddar Karnal for an offence under Sec.380 IPC. It was neither indexed nor page marked. The last zimini was No.25 which Narinder Singh told him he had seen Respondent 2 writing and it was tagged in his presence. This Zimini in which the reasons for the detenu being an accused and his arrest are given was dated 10-5-1968, and it did not bear any time thereon. This was initialled by the Court Reader. The Court Reader further says that no remand order was shown to him but an application for remand and forwarding endorsement of the Govt. Pleader dated 10-5-1968 was shown to him which he initiated on being asked by Respondent No.1 to do so. Thereafter he served the notices on both the Respondents. After the notices were served Respondent 1 asked Respondent 2 to take the detenu to Duty Magistrate for his remand. The Court Reader asked the Respondents to get the detenu medically examined before the remand was taken but they did not care and took him on their cycle to the residence of the Magistrate at 11.35 p.m. The Court Readers and others followed them and found them talking with the Duty Magistrate in the gate of his residence. The Court Reader brought the order of the Hon'ble High Court to the notice of the Magistrate and also gave him a copy of the orders as desired by him. Upon this the learned Magistrate ordered the remand of the detenu to the judicial custody upto 13th May, 1968 and also directed the appellant to get him medically examined by the Chief Medical Officer, Karnal. Respondent No.2 took the detenu to Civil hospital and wanted to get the detenu examined from the Doctor on night duty but on their reaching the hospital and showing the order of the High Court the Doctor declined to examine and asked the Police and themselves to take the detenu to the residence of the C.M.O. The C.M.O. was awakened during the night at 1.35 a.m. and was shown the orders of the High Court and after going through the same he made an endorsement that he would himself examine the detenu in the morning after looking at the injuries and ordered that the detenu be admitted in the hospital in the night. At 8.45 a.m. on 11-5-68 the C.M.O. himself examined the detenu in their presence and handed over two copies of Medical legal report which were enclosed with the report of the Court Reader. On 13th May 1968 the detenu was produced before R. P. Khosla, J. along with the returns filed by Jage Ram, Inspector and Dyal Chand, ASI.
(3.) According to Dyal Chand's affidavit he was associated with the investigations along with the Jage Ram Inspector from 4-5-68 to 9-5-68. On enquiry made from the Post Office it was revealed that Prem Prakash accused had not marked his attendance in the Post Office and he had sent the report that the accused was out of station and on 8-5-68 the deponent himself went to the house of the accused but could not find him there. It was on 10-5-68 when he sent constable Bhagwan Dass No.788 to the house of the accused he came back and reported that the accused had met him and promised to come and join the investigation; accordingly at about 11.30 a.m. the accused came. At that time Partap Singh, Inspector Weights and Measures and one Jaswant Rai were present. The Respondent interrogated the accused from 11.30 to 12.25 noon and thereafter arrested him at 12.30 noon. At the time of arrest the person of the accused was searched and a memo relating to the search was prepared which was attested by Shri Partap Singh and Jaswant Rai. Another memo was prepared giving the visible injuries on the person of the accused. The deponent then wrote down the case diary for 10-5-68 from 2 p.m. to 6 p.m. incorporating the entire investigation for the day up to that time. As there was a paucity of constables to the CIA as they were mostly on election duty the only constable who was available at the time of the arrest of Prem Prakash accused was the Moharir constable Kashmiri Lal. The deponent left Prem Prakash accused in the custody of Kashmiri Lal and at about 6.15 p.m. went in search of his immediate officer Jage Ram, Inspector whom he contacted at about 7.30 p.m. and got the remand papers relating to the accused forwarded by him. Then he went in search of H.P. Tiku, Prosecuting Inspector whom he could contact only at 9 p.m. when the remand papers were shown to him and got them forwarded by him also. Thereafter with these remand papers and the case diary in the basket of the cycle the deponent came to the office of the CIA staff with the intention of taking Prem Prakash to the Illaqa Magistrate for remand. It may be useful to give his version thereafter in his own words: "But hardly had he entered the compound of the office when a gentleman who informed the deponent that he had come from the High Court asked the deponent to bring Inspector Jage Ram to him. The deponent told that gentleman that the Inspector was on election duty and that the deponent would search him out and bring him. The deponent thereupon went in search of the Inspector on a cycle. The deponent did not hear any call of the reader from behind may be because of the suffering of hard of hearing. The Inspector was found in P.W.D. Rest House at about 10 p.m. and informed him that some gentleman from the High Court had come and wanted to see him. Inspector Jage Ram thereupon left for the office of the C. I. A. Staff. That from the P.W.D. Rest House after informing Inspector Jage Ram of the arrival of the gentleman from the High Court the deponent went to find out whether the duty Magistrate was at his residence. Finding the duty Magistrate at his residence, the deponent came back to the office of C.I.A. Staff where he came to know that the Gentleman who had come from the High Court was the Reader of Hon'ble Mr. Justice Jindra Lal and had come with an order of the Hon'ble Judge in the Habeas Corpus Petition of Prem Prakash accused. The order was served upon the deponent and deponent signed it in token of service at 10.35 P.M. After that the deponent showed the case diaries and the remand papers to the Reader, who signed both of them but without mentioning the time. Before the duty Magistrate the reader again signed the case diaries and mentioned a time underneath the signatures". The return of Inspector Jage Ram gives some facts which he came to know as a result of his investigation of the charge against the accused which is not relevant for the purposes of this appeal. It howeveer, appears that even according to him the accused could not be traced till 10-5-68 when on that day, because he was busy in election arrangements he had directed ASI Dayal Chand to carry on the investigation on that day and make all possible efforts to join the accused Prem Prakash Midha with the investigation. He was informed at about 7.30 p.m. by ASI Dayal Chand that the accused had been arrested at 12.30 noon and was also shown the reasons of arrest written in the case diary and got the remand papers forwarded from him. At about 10 p.m. Dayal Chand again contacted and informed the deponent at the P.W.D. Rest House that a gentleman from the High Court whom Shri S. M. Mehta who is the brother-in-law of the accused seemed to have brought as 'Safarshi' wanted to see the deponent. He further mentioned that previously also on 2-5-68 Ravinder Mehta accompanied by one other person had come to the deponent with two letters from Shri Gurdian Singh Nurpuri who was a Magistrate at Gidarabha when the deponent was posted there as Inspector in 1965/66 and tried to influence the deponent in favour of the accused. He enclosed the copies of these two letters. Thereafter the deponent proceeds to say as follows: "On receiving this information from ASI Dial Chand the deponent proceeded to the office of the C.I.A. Staff Karnal. There Shri Sadhu Ram Reader to the Hon'ble Mr. Justice Jindra Lal introduced himself to the deponent and served upon him the orders of the Hon'ble Judge at about 10.30 P.M. The deponent thereupon informed the Reader that the accused was arrested at about 12.30 noon on the same day by ASI Dial Chand. His remand could not be taken so far due to pre-occupation with election work but ASI Dial Chand had already got the application for remand endorsed from the deponent at about 7.30 P.M. and the accused was shortly going to be produced before a Magistrate for purposes of obtaining remand. After about 5 minutes ASI Dial Chand also reached the C.I.A. Office and showed the case diaries and remand papers to the Readers, who signed both of them. At that time the Reader had not given any time underneath his signature. Later on when the remand papers and case diaries were produced before the Magistrate Shri N. K. Jain the Reader again put his signature on the case diary and mentioned the time as 11.15 P.M. underneath". In short both these officers deny the allegations made in the Habeas Corpus petition of the father of the accused.;