- (1.) Leave granted.
(2.) Surinderjit Singh Mand and P.S. Parmar, the appellants before this Court, while holding the rank of Deputy Superintendent of Police, were posted in District Kapurthala, in the State of Punjab, during the relevant period in 1999. Piara Lal (holding the rank of Assistant Sub-Inspector), was also posted at Kapurthala, at the same time. The above mentioned Piara Lal's son - Neeraj Kumar was officially arrested on 28.06.1999. The arrest of Neeraj Kumar, was made in furtherance of a First Information Report bearing No.30, which was registered at Police Station City, Kapurthala on 03.03.1999. Before the arrest of Neeraj Kumar, his father Piara Lal was placed under suspension on 10.06.1999. The aforesaid FIR No.30, we were informed, was in respect of complaints made by residents of Kapurthala, pertaining to theft of motorcycles and other vehicles in the city.
(3.) It was pointed out, that while investigating into the allegations contained in the complaint dated 03.03.1999, three persons including Neeraj Kumar were arrested on 28.06.1999. Neeraj Kumar was granted bail on 30.06.1999. In the above view of the matter, it is apparent that Neeraj Kumar had remained in jail for just about two/three days (from 28.06.1999 to 30.06.1999). Usha Rani - mother of Neeraj Kumar (detained during the investigation of FIR No. 30), filed a representation asserting, that her son had been detained on 24.06.1999 (and not on 28.06.1999, as alleged). That would make the duration of his arrest as of six/seven days. The present controversy pertains to the additional four/five days of the arrest of Neeraj Kumar. Her complaint highlighted, that her son Neeraj Kumar was apprehended illegally and unauthorisedly for the period from 24.06.1999 to 28.06.1999 i.e., for four/five days.;