SUBE SINGH Vs. STATE OF HARYANA
LAWS(SC)-2006-2-68
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on February 03,2006

SUBE SINGH Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

SANTHOSHIMA PARBOILED MODERN RICE MILL GASDIPALLY VILLAGE VS. DISTRICT COLLECTOR NALGONDA DISTRICT [LAWS(APH)-2010-6-54] [REFERRED TO]
NERELLA DHANUNJAYA VS. COMMISSIONER MUNICIPAL CORPORATION OF WARANGAL [LAWS(APH)-2006-12-31] [REFERRED TO]
G VENKAT REDDY SAI REDDY VS. EXECUTIVE OFFICER GP KOLLAPUR VILLAGE AND MANDAL MAHABUBNAGAR DISTRICT [LAWS(APH)-2010-4-40] [REFERRED TO]
SURESH S/O POCHANNA KUROLLU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-153] [REFERRED TO]
MANIK SON OF SITARAM JIBHKATE VS. STATE OF MAHARASHTRA THROUGH CID AND PSO GONDIA CITY DISTT BHANDARA [LAWS(BOM)-2011-7-164] [REFERRED TO]
NIRAJ RAMESH JARIWALA VS. MAHADEO PANDURANG NIKAM [LAWS(BOM)-2012-12-75] [REFERRED TO]
RAMA DEVI RAN VIJAY SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-4-257] [REFERRED TO]
ASHOKE KUMAR NATH VS. UNION OF INDIA [LAWS(CAL)-2013-8-62] [REFERRED TO]
STATE VS. R.P. TYAGI [LAWS(DLH)-2008-3-205] [REFERRED TO]
MOIRANGTHEM GANDHI SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2010-4-29] [REFERRED TO]
MR. DILIP SHARMA VS. MR. SHRAWAN DOGRA [LAWS(HPH)-2016-1-3] [REFERRED TO]
OWAIS SABIR HUSSIAN VS. GOVERNMENT OF KARNATAKA [LAWS(KAR)-2019-7-333] [REFERRED TO]
MOHAMMAD ASHRAF RATHER VS. UNION OF INDIA AND OTHERS [LAWS(J&K)-2017-10-17] [REFERRED TO]
L J MALATHI VS. STATE OF KARNATAKA [LAWS(KAR)-2011-6-87] [REFERRED TO]
NACHHATTAR SINGH ALIAS KHANDA AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2009-9-140] [REFERRED TO]
GLOTILDA SYIEM VS. UNION OF INDIA [LAWS(MEGH)-2014-1-1] [REFERRED TO]
ASHOK KUMAR JAIN VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2018-7-14] [REFERRED TO]
CHELLIAH VS. PRINCIPAL SECRETARY [LAWS(MAD)-2020-3-158] [REFERRED TO]
STATE OF TAMIL NADU VS. S. ANAND [LAWS(MAD)-2020-1-329] [REFERRED TO]
MS. Z VS. STATE OF BIHAR [LAWS(SC)-2017-8-32] [REFERRED TO]
RAJENDER SINGH PATHANIA VS. STATE OF N C T OF DELHI [LAWS(SC)-2011-8-42] [REFERRED TO]
P SURESH KUMAR VS. R SHANKAR [LAWS(SC)-2007-3-38] [REFERRED TO]
PHOOLWATI VS. STATE [LAWS(P&H)-2007-10-20] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE OF PUNJAB [LAWS(P&H)-2008-2-92] [REFERRED TO]
BASANT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-7-5] [REFERRED TO]
MD.AKHTAR HUSAIN VS. STATE OF BIHAR [LAWS(PAT)-2011-4-381] [REFERRED TO]
PREMSHILA DEVI VS. STATE OF BIHAR [LAWS(PAT)-2011-4-472] [REFERRED]
AMARJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2021-1-113] [REFERRED TO]
URMILA DEVI VS. YUDHVIR SINGH [LAWS(SC)-2013-10-93] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDY [LAWS(SC)-2011-10-32] [REFERRED TO]
RIKNEN MARAK S/O LATE SHRI THANGJING SANGMA VS. STATE OF MEGHALAYA [LAWS(GAU)-2011-7-80] [REFERRED TO]
CHANDRAPATI DEBBARMA VS. STATE OF TRIPURA [LAWS(GAU)-2010-4-27] [REFERRED TO]
MEHBOOBMIYA U RATHOD & ORS VS. STATE OF GUJARAT [LAWS(GJH)-2011-3-270] [REFERRED TO]
NAVAL KUMAR VS. STATE OF H.P. [LAWS(HPH)-2015-1-51] [REFERRED TO]
BHANUMATHI VS. STATE OF TAMIL NADU REP.BY ITS SECRETARY, PUBLIC DEPARTMENT, FORT ST. GEORGE, CHENNAI [LAWS(MAD)-2016-12-197] [REFERRED TO]
PRAKASH P VS. STATE OF KERALA [LAWS(KER)-2011-3-2] [REFERRED TO]
SELINA AKTAR ALIAS KHATOON VS. UNION OF INDIA [LAWS(TRIP)-2014-4-11] [REFERRED TO]
P. RAJAKUMARI VS. ADDITIONAL DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2014-9-23] [REFERRED TO]
C. SHANMUGANATHAN AND ORS. VS. A. MURUGESAN AND ORS. [LAWS(MAD)-2015-7-342] [REFERRED TO]
RASHMI SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-12-168] [REFERRED TO]
STATE OF NAGALAND VS. MOBA CHANGKAI [LAWS(GAU)-2021-5-27] [REFERRED TO]
DAMAYANTI DAS VS. STATE OF ASSAM [LAWS(GAU)-2012-11-25] [REFERRED TO]
SUBRAMANIUM VS. DELHI METRO RAIL CORPORATION [LAWS(DLH)-2013-7-46] [REFERRED TO]
SATYAVATIBAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-5-19] [REFERRED TO]
MARUTI SHRISHAILYA HALE AND OTHERS VS. COMMISSIONER, SANGLI MIRAJ KUPWAD CORPORATION AND OTHERS [LAWS(BOM)-2018-12-154] [REFERRED TO]
MISS VEENA SIPPY VS. NARAYAN DUMBRE [LAWS(BOM)-2012-3-5] [REFERRED TO]
SAVITRI DEVI VS. STATE OF U.P. [LAWS(ALL)-2019-5-304] [REFERRED TO]
WALI AHMED VS. STATE OF HARYANA [LAWS(P&H)-2012-6-43] [REFERRED TO]
ANILKUMAR A.B. VS. STATE OF KERALA [LAWS(KER)-2022-4-64] [REFERRED TO]
SHAILESH KUMAR @ SHALESH KUMAR, SON OF SHALIGRAM MAHTO, RESIDENT OF VILLAGE DHARNEI, PO. BERKA, POLICE STATION MAKHDUMPUR, DISTRICT JEHANABAD VS. THE STATE OF BIHAR [LAWS(PAT)-2017-1-51] [REFERRED TO]
ANIMA DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2014-6-58] [REFERRED TO]
PUSPA REANG VS. STATE OF TRIPURA [LAWS(TRIP)-2014-8-40] [REFERRED TO]
MOST.BINDU DEVI VS. STATE OF BIHAR [LAWS(PAT)-2008-8-126] [REFERRED TO]
AKHILA VS. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM [LAWS(KER)-2018-7-239] [REFERRED TO]
J PRABHATHIAMMA VS. STATE OF KERALA [LAWS(KER)-2007-9-43] [REFERRED TO]
MUSTHAFA HAJI M K VS. DIRECTOR CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2010-9-59] [REFERRED TO]
S ANAND VS. STATE OF TAMIL NADU REPRESENTED BY ITS SECRETARY TO GOVERNMENT [LAWS(MAD)-2012-7-1] [REFERRED TO]
SABITRI BRAHMA VS. UNION OF INDIA [LAWS(GAU)-2020-3-104] [REFERRED TO]
SURAJIT GOGOI @ PUNA GOGOI VS. UNION OF INDIA [LAWS(GAU)-2018-2-91] [REFERRED TO]
RAM BAHADUR CHETRI @ RAMU CHETRI AND OTHERS VS. STATE OF ASSAM & OTHERS [LAWS(GAU)-2008-6-78] [REFERRED TO]
NAISUL KHATUN VS. STATE OF ASSAM [LAWS(GAU)-2010-8-41] [REFERRED TO]
MOHMED JUNED SHAMSUDDIN SAIYED VS. K C KAPOOR PRINCIPAL SECRETARY [LAWS(GJH)-2006-10-22] [REFERRED TO]
MANOHAR DHONDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-9-46] [REFERRED TO]
SANJEET SINGH KAILA VS. UNION OF INDIA AND ANR. [LAWS(DLH)-2017-5-5] [REFERRED TO]
CRIMINAL JUSTICE SOCIETY VS. UNION OF INDIA [LAWS(DLH)-2010-8-72] [REFERRED TO]
MOHD. HUSAIN VS. STATE OF DELHI [LAWS(DLH)-2013-3-21] [REFERRED TO]
MRS.MANISHA P.CHHADVA VS. SMT.KHAIRUNISSA BILAWALA [LAWS(BOM)-2016-12-178] [REFERRED TO]
VIKAS YADAV AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(DLH)-2015-2-237] [REFERRED TO]
BATTELANKA SATYANARAYANA VS. GOVERNMENT OF A P [LAWS(APH)-2011-10-19] [REFERRED TO]
VISHNU KUTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-3-117] [REFERRED TO]
KABUTARI DEVI @ SAVITA VS. SUPERINTENDENT OF POLICE, SONEBHADRA AND OTHERS [LAWS(ALL)-2006-10-250] [REFERRED TO]
UMAKANT KISAN MANE VS. DEAN, RAJAWADI MUNICIPAL HOSPITAL, GHATKOPAR (EAST) [LAWS(BOM)-2015-12-220] [REFERRED]
UMA KANTA GAYARI VS. STATE OF ASSAM [LAWS(GAU)-2006-3-51] [REFERRED TO]
DHARAM PAL YADAV VS. SUPERINTENDENT DISTRICT JAIL BUDAUN [LAWS(ALL)-2006-10-195] [REFERRED TO]
KALPANA AGARWAL VS. STATE OF U P [LAWS(ALL)-2006-9-151] [REFERRED TO]
SATISH VASANT SALVI VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2014-6-234] [REFERRED TO]
V. KOILPILLAI AND ORS. VS. THE STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-7-61] [REFERRED TO]
JALAJA SREENIVASAN AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-7-41] [REFERRED TO]
PREMA DEVI & ORS VS. STATE OF DELHI [LAWS(DLH)-2018-12-370] [REFERRED TO]
L PRAKASH VS. SUPERINTENDENT PUZHAL CENTRAL PRISON PUZHAL [LAWS(MAD)-2008-7-353] [REFERRED TO]
SMT. THOUDAM ONGBI AKASHINI DEVI VS. THE STATE OF MANIPUR [LAWS(MANIP)-2016-9-11] [REFERRED]
KONJENGBAM (O) PISHAK DEVI VS. STATE OF MANIPUR [LAWS(MANIP)-2019-12-10] [REFERRED TO]
MEHMOOD NAYYAR AZAM VS. STATE OF CHATTISGARH [LAWS(SC)-2012-8-2] [REFERRED TO]
KIRANDEEP KAUR AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-11-102] [REFERRED TO]
HARCHET KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2013-1-93] [REFERRED TO]
AJIT KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-6-21] [REFERRED TO]
SANJAY PASWAN S/O UPENDRA PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2019-10-5] [REFERRED TO]
KONTO WARISA VS. UNION OF INDIA [LAWS(GAU)-2022-3-79] [REFERRED TO]
PREMILABEN R JAISWAL VS. B M JADEJA [LAWS(GJH)-2007-5-25] [REFERRED TO]
KHANGRA DAIMARY VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-2007-12-55] [REFERRED TO]
K L THARIKTHA VS. STATE OF MANIPUR [LAWS(GAU)-2011-12-41] [REFERRED TO]
SAGOLSHEM ONGBI LATANI DEVI VS. UNION OF INDIA [LAWS(GAU)-2010-7-33] [REFERRED TO]
AMIT SOOD VS. STATE OF H P & ORS [LAWS(HPH)-2016-9-213] [REFERRED]
SYED ASIYA ANDRABI VS. STATE [LAWS(J&K)-2011-8-24] [REFERRED TO]
SUPRIT ISHWAR DIVATE VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-1480] [REFERRED TO]
BHARAT VALJI HANGAMA AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-2-36] [REFERRED TO]
RIZWANA SALIM SHAIKH VS. STATE OF GUJARAT & OTHER [LAWS(GJH)-2015-4-329] [REFERRED]
SATISH BANWARILAL SHARMA VS. UNION TERRITORY OF DIU, DAMAN AND DADRA & NAGAR HAVELI AND OTHERS [LAWS(BOM)-2016-12-85] [REFERRED TO]
GOPICHAND SON OF CHANDRABHAN PATIL VS. STATE OF MAHARASHTRA THROUGH SECRETARY TO HOME DEPARTMENT GOVT OF MAHARASHTRA MANTRALAYA MUMBAI [LAWS(BOM)-2011-8-5] [REFERRED TO]
SHAIKH SHAMA AND OTHERS VS. THE STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2018-8-211] [REFERRED TO]
GITA RANI PURKAIT & ANR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-5-9] [REFERRED TO]
SATISH VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-6-30] [REFERRED TO]
MAHAMAD HUSEN ALIAS MAMMU CHAND MAHAMAD SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-2006-7-79] [REFERRED TO]
STATE OF J&K VS. GH. QADIR SHEIKH [LAWS(J&K)-2013-5-19] [REFERRED TO]
LEGAL HERIS OF DECD.UMEDMIYA R RATHOD VS. STATE OF GUJARAT [LAWS(GJH)-2017-8-205] [REFERRED TO]
AZIZI VS. STATE OF J&K [LAWS(J&K)-2011-3-29] [REFERRED TO]
LEELA MATHUR VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2022-9-54] [REFERRED TO]
KIUTALIU VS. UNION OF INDIA [LAWS(GAU)-2011-4-1] [REFERRED TO]
BUDHEWAR BORA VS. STATE OF ASSAM [LAWS(GAU)-2006-8-1] [REFERRED TO]
BUDHESWAR BORA VS. STATE OF ASSAM [LAWS(GAU)-2006-1-54] [REFERRED TO]
PRAKASH KAPADIA VS. COMMISSIONER OF POLICE (AHMEDABAD CITY) [LAWS(GJH)-2012-11-245] [REFERRED TO]
BALAWAN PALA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2014-3-13] [REFERRED TO]
ALARMELU MANGAI VS. SECRETARY TO THE GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2010-4-354] [REFERRED TO]
CHAIRMAN BAR COUNCIL OF TAMIL NADU HIGH COURT CAMPUS VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-8-94] [REFERRED TO]
STATE OF KERALA VS. M. GOPALAN [LAWS(KER)-2014-11-125] [REFERRED TO]
STATE OF KERALA VS. M. GOPALAN [LAWS(KER)-2014-11-125] [REFERRED TO]
SARSWATI DEVI VS. STATE OF BIHAR [LAWS(PAT)-2010-4-755] [REFERRED]
S. NAMBI NARAYANAN VS. SIBY MATHEWS & OTHERS ETC. [LAWS(SC)-2018-9-25] [REFERRED TO]
SANJAY GUPTA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2022-4-30] [REFERRED TO]
DILIP S DAHANUKAR VS. KOTAK MAHINDRA CO LTD [LAWS(SC)-2007-4-32] [REFERRED TO]
ADISHWAR JAIN VS. UNION OF INDIA [LAWS(SC)-2006-10-65] [REFERRED TO]
PHIJAM NINGOL PHEIROIJAM ON-GBI RITA CHANU VS. UNION OF INDIA [LAWS(GAU)-2011-7-66] [REFERRED TO]
SAVJIBHAI PARSOTTAMBHAI KAGATHRA VS. STATE OF GUJRAT & ANR. [LAWS(GJH)-2017-2-62] [REFERRED TO]
JAMALBHAI MOHAMMADBHAI MEHTAR S/O MOHAMMADBHAI MEHTAR VS. STATE OF GUJARAT [LAWS(GJH)-2017-5-153] [REFERRED TO]
PREMPAL VS. COMMISSIONER OF POLICE [LAWS(DLH)-2010-3-350] [REFERRED TO]
SAYAR KUMARI VS. STATE [LAWS(DLH)-2009-10-136] [REFERRED TO]
INDRAJIT TERANG VS. STATE OF ASSAM [LAWS(GAU)-2006-7-17] [REFERRED TO]
ANIL RAMCHIARY VS. UNION OF INDIA [LAWS(GAU)-2006-9-64] [REFERRED TO]
SHAKUNTALA VS. STATE OF MP AND ORS [LAWS(MPH)-2019-2-15] [REFERRED TO]
R. JEYAKUMAR JOTHI VS. HOME SECRETARY, SECRETARIAT [LAWS(MAD)-2023-10-86] [REFERRED TO]
S.KRISHNASWAMY VS. STATE OF TAMILNADU [LAWS(MAD)-2016-8-60] [REFERRED TO]
RAMA NAND RAI VS. STATE OF BIHAR [LAWS(PAT)-2020-11-27] [REFERRED TO]
DR. RINI JOHAR & ANR. VS. STATE OF M.P. & ORS. [LAWS(SC)-2016-6-5] [REFERRED TO]
SANJAY GUPTA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2014-7-75] [REFERRED TO]


JUDGEMENT

R.V.RAVEENDRAN, J. - (1.)AN undated letter from the petitioner, received by this Court on 19-11-1998, alleging illegal detention, custodial torture and harassment to family members was registered as a writ petition under Article 32 of the Constitution of India. The State of Haryana and its Director General of Police, were arrayed as respondents 1 and 2 and the six Police Officers referred to in the letterpetition were arrayed as respondent Nos. 3 to 8. PROLOGUE (According to Police)
(2.)ON 10-3-1998, at about 10 a.m. Dharam Singh ASI, Police Post Dhamtan Saheb (Narwana Tehsil, Jind District), along with Police constables (Ramesh Chand, Jaldhir Singh and Baljit Singh), while patrolling near Dhamtan Saheb Bus Stand, received information that one Joginder Singh (son of petitioner) and his associates were conspiring in his house, to apply pressure on some tender-bidders. When the police party proceeded towards Joginder Singh's house, they saw two young men coming from the opposite side, on a motorcycle. ON seeing the Police party, the motorcycle suddenly turned back. ON suspicion, the Police party gave chase and stopped the motorcycle near a petrol-pump. The ASI asked the motorcyclist and the pillionrider to identify themselves. The motorcyclist gave his name as Amrik Singh. The pillion-rider gave his name as Joginder Singh, a Palledar at Tohana. When the ASI asked Joginder Singh as to whether he was the same Joginder who had jumped parole in a case, Joginder Singh started running. When the Police party chased him, Joginder Singh turned back, whipped out a pistol and fired at them. Baljit Singh, one of the Constables, was hit and collapsed. In the ensuing confusion, both Amrik Singh and Joginder Singh escaped. The injured Constable succumbed to the bullet injuries. In this connection, FIR No. 112 dated 10-3-1998 under Section 302/307/ 352/186 IPC was registered in P.S., Garhi, against Joginder Singh and Amrik Singh. ON receiving information of the death of constable, the SP and the DSP rushed to the hospital and later, went to the Dhamtan Saheb Police Post. In the meantime, the Police party which had gone to the house of Joginder, in search of him, did not find him and brought his father Sube Singh (Petitioner) to the Police Station. According to police, the SDM and the Chairman of Zila Parishad, Jind, were also present at the Police Post at that time. The petitioner denied any knowledge of the whereabouts of his son Joginder. The SP made some enquiries with the petitioner and left. After inquiries, the petitioner was released.
1. The petitioner along with his brother-in-law Rattan Singh filed W.P. (Cr1.) No. 416/1998 in the Punjab and Haryana High Court on 24-3-1998 alleging harassment, torture and illegal detention for three days (from 10-3-1998 to 13-3-1998) and again for a day (15-3-1998 to 16-3-1998) and prayed for action against the concerned Police Officers and for a judicial enquiry. The High Court by order dated 27-4-1998 disposed of the petition with an observation that petitioners may file a criminal complaint in a competent court.

2. The petitioner went underground for a few months. Further enquiries by the police revealed that several cases had been registered against the petitioner and his son Joginder Singh. Joginder was declared as 'proclaimed offender' by order dated 12-6-1998 of S.D.J.M., Narwana. The petitioner published a notice in 'Dainik Tribune' dated 6-8-1998 that he had disowned his son Joginder and was not responsible for his actions.

3. The Police continued with their inquiries and in July, 1998, ASI Satya Narayan and other Police Officers of Dhamtan Saheb Police Post again tried to ascertain his whereabouts by making enquiries with the petitioner and his relatives/friends. The Letter (re: alleged torture and illegal detention)

The petitioner sent an undated letter to this Court (received on 19-11-1998) wherein he alleged that ASI Dharam Singh, In-charge of Dhamtan Saheb Police Post, along with some Police Officers, came to his house on 10-3-1998 at about 11 a.m, to enquire about the whereabouts of his son Joginder; and that when he informed them that he was not aware of it, they started beating him. Thereafter, the Police took him, his wife and two minor daughters forcibly to the Police Post, through the bazaar. He was beaten with sticks on the way. When they reached the Police Post, K. P. Singh, Superintendent of Police as also the Deputy Superintendent of Police, Narwana, were present. When ASI Dharam Singh informed them that the persons brought were the father, mother and sisters of Joginder, the S.P. directed that they may be brought to 'correct mental attitude'. The ASI took him inside and beat him for about 10 minutes and brought him back before the SP again. By then, his wife and daughters were made to sit in an uncomfortable posture (as students arc made to sit in schools by way of punishment). When the petitioner stated that he was not aware of his son's whereabouts, the S.P. became furious and ordered his men to remove his moustache, whereupon Dharam Singh sat on his chest (with three policemen pressing his hands and feet) and plucked his moustache. Again, they started beating him, searched his pockets and took away Rs. 2,350 which he was carrying. Then the police took him back to his house and ransacked the house. ASI Dharam Singh broke open the lock of his trunk and seized his licensed gun, some cartridges and Arms licence, as also some jewellery found in the trunk. Thereafter, the petitioner was taken back to the Police Post. Though his wife and daughters were sent back to the house, he was illegally detained in Police custody for a iday and then taken to P.S. Garhi where he was kept for 10 days and during the first 5 days of such detention, he was regularly beaten. Because of such police harassment and torture, when he was released he and his younger son Gurmail Singh fled from his house.

1. On 8-7-1998, the petitioner returned to his house. Satya Narayan, ASI, (who had succeeded Dharam Singh) and Munshi (HC) of Dhamtan Police Post, came to his house, with four other policemen, handcuffed him and took him to the Police Post. He was tortured in the Police Post by the ASI and Head Constable Munshi by thrashing him thrice, each time continuously for 15 minutes. When he requested for water, he was forced to drink hot water with salt. The Munshi, Dhamtan Police Post kept him in a wooden Shikanza for 5 days and he was not allowed to sleep. Then he was taken to Jind. He also alleged that the Police forced him to bring money for the vehicles to conduct raids (to catch his son, Joginder) and he was forced to accompany them on such raids and was put in wooden Shikanza at Tulvan Thana. When he begged that he should be released, he was informed that he was being taken for the raids on the instructions of Ranbir Sharma, S. P., Jind, and that without the permission of the S.P., he could not be released. After three days he was again taken back to Dhamtan Post and kept there for 2 days. Thereafter, he was released with a condition to visit the Police Post everyday in the morning and evening.

2. The Petitioner alleged that his friends and relatives who wanted to meet him, when he was being illegally detained, were not permitted to meet him and they were also tortured. He also alleged that Munshi (HC) of Dhamtan Police Post was demanding money from him.

3. He alleged that in view of such torture, he was forced to leave his house and remain outside. He prayed for a direction to the Police to stop the atrocities and torture. He sought compensation for himself and his wife and daughters for the social, physical and financial loss, and return of his licensed gun, gold ornaments and other belongings. He also prayed for a thorough inquiry into the atrocities and torture committed by the Police and imposition of punishment to those who were responsible.

4. The letter of the petitioner was registered as a writ petition and Rule was issued on 11-1-1999. On 13-9-2000, this Court appointed Mr. S. Muralidhar, Advocate, as Amicus Curiae, to assist the Court. The alleged Second Round of Harassment :

Joginder was arrested in June, 1999 by Punjab Police. Before his arrest, he was allegedly involved in two robberies (registered on 19-3-1999 with PS, City Yamunanagar, and on 21-3-1999 with PS, Indri, Karnal District). On 25-1-2001, when he was being taken to Ferozepur Court from Ambala jail, Joginder escaped from police custody. It is further alleged by the police that on 13-2-2001, Joginder and his associates murdered two residents of Tohana.

(1) According to Police, on 29-1-2001, the SHO, Police Station, Garhi along with other police officials visited the house of petitioner in search of Joginder who had escaped from custody. Again in February, 2001 after the double murder, the S.I. of Police Station, Tohana along with the ASI in charge of Dhamtan Saheb Police Post, and other Police officials visited petitioner's house in search of Joginder. In that connection, petitioner and his brother were taken to Police Station Tohana on 14-2-2001 for inquiries and were released on the same day. They were again called for inquiries on the next day. On 22-6-2001, the Officer in Charge of Police Post, Patiala Chowk, Jind, searched the house of Mind Devi (sister of Joginder), to find out whether Joginder was hiding there. On 24-6-2001, petitioner's younger son Gurmail Singh was arrested for possessing illegal arms.

(2) The petitioner filed an affidavit dated 22-2-2001 before this Court on 3-3-2001 alleging interrogation by Police on 26-1-2001 and 29-1-2001 in regard to escape of his son Joginder from Police custody. He also alleged that on 14-2-2001 he and his brother Narsi were handcuffed and taken to Tohana Police Station and interrogated and released on 15-2-2001. The S. P. Jind filed a detailed reply affidavit dated 11-8-2001. A further affidavit was filed by the petitioner on 1-10-2001 wherein he alleged that his younger son Gurmail Singh was forcibly taken from his sister's house on 22-6-2001 and tortured. This brought forth a further affidavit dated 20-11-2001 from the S. P., Jind, by way of reply denying the allegations.

(3.)NOT being satisfied with the reply-affidavit filed on behalf of the State, in regard to the letter-petition, this Court on 9-11-2000 directed the Chief Secretary of the State of Haryana to file a detailed affidavit in regard to the steps taken on the allegations made by the petitioner. In view of it, the State got the matter inquired into by Dr. John V. George, Inspector General of Police, (Law and Order), Haryana. He submitted a report dated 10-3-2001 stating that the allegations of the petitioner relating to police torture, illegal detention, harassment to wife and daughters, and removal of cash/licensed weapon/jewellery were not substantiated. The said report, however, confirmed that petitioner and his brother were called to the Police Station couple of times for interrogation regarding the whereabouts of Joginder. NOT being satisfied with the said report, this Court on 17-10-2001 directed the CBI to inquire into the matter with reference to the allegations made in the letter as also the subsequent affidavits filed by the petitioner and his relatives and the reply affidavits filed by the respondents.
(1) The CBI held a preliminary inquiry and submitted the report of the Inquiry Officer (A.K. Ohri, ASP) under cover of its letter dated 22-7-2002. The findings in the said report are arrived at, on the basis of the allegations made in the affidavits filed before this Court, and the statements made by the petitioner, his family members and others (nearly 100 witnesses) before the Inquiry Officer. The CBI has concluded that some of the allegations of the petitioner were substantiated while several others were not substantiated.

(2) On 16-9-2002, this Court directed that the State Government to take appropriate action on the report of the CBI. In pursuance of it, an FIR was lodged in Garhi Police Station, Jind District, (FIR No.152, dated 17-10-2002 under Sections 323, 342, 343, 365 and 384 IPC) on the basis of the CBI report, naming the following 10 officers :-

1. ASI Dharam Singh (by then S.I.) 2. ASI Satyanarain 238/Jind 3. HC Om Parkash No. l02/Jind (by then ASI) 4. Const. Dilbag Singh, No.59/Jind 5. HC Balbir Singh No.450/Jind
6. Const. Sudarshan Kumar No.811/Jind 7.Const. Mukesh Kumar No.99/Jind 8. Const. Dhoop Singh No.704/Jind 9.Const. Dharam Pal No.4/Jind 10. Const. Mohinder Singh 825/Jind (by then HC) The Deputy Superintendent of Police, Narwana, filed an affidavit dated 1-11-2002 confirming that FIR was lodged and that he was investigating into the matter.
(3) On 11-11-2002, this Court noted that the FIR was registered and an appropriate charge-sheet would be filed by the State in due course, and that the officers concerned have been suspended/posted outside the district. This Court also took note of the submission of the amicus curiae that in such cases, apart from CBI inquiry and criminal prosecution, compensation has to be awarded to the victims, and the submission of the State that having regard to the facts of the case and having regard to the registration of the FIR, the matter may have to await the result of the prosecution. While adjourning the case, this Court observed that the question of awarding any compensation at that stage, did not arise.

5.4 The SP, Jind, by affidavit dated 9-6-2003 informed this Court that the chargesheet was filed in the Court of Ilaka Magistrate, Narwana, and that the case was fixed for 18-7-2003 for framing of charge. Thereafter, when the matter came up on 4-8-2003, the amicus curiae again submitted that compensation should be awarded. This Court directed hearing on the limited question as to whether compensation should be awarded or not. The criminal court was also directed to expedite the trial. The criminal case against the Police officers, we are informed, is under progress.

5.5 Thereafter, arguments on the question as to whether compensation should be awarded or not were heard on 6-10-2005 and written arguments were submitted by the Amicus Curiae and the State on 19-10-2005 and 16-11-2005 respectively. (Preliminary) Inquiry Report of CBI:

The findings contained in the report of CBI are summarized below :- JUDGEMENT_779_AIR(SCW)_2006Html1.htm [Note: However, in the writ petition filed by Rattan Singh and petitioner on 24-3-1998 in the Punjab and Haryana High Court, it is alleged that petitioner and Rattan Singh were kept in illegal confinement from 10-3-1998 to 13-3-1998 and again from 15-3-1998 to 16-3-1998. There is no allegation of any torture at all. They only alleged that they apprehended harassment and torture by Police.) JUDGEMENT_779_AIR(SCW)_2006Html2.htm



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