J.S.SEKHON,J - (1.) NO one has appeared for the respondents today, although on 12.10.1990, Mr. H.S. Nagra had put in appearance on their behalf. The respondents have also not filed the return. Thus, the report of the warrant officer on the factual aspects of the matter remains uncontradicted. The report of the warrant officer reveals that on 11.10.1990 at 11. 15 a.m. he went to P.S. Kalanaur. The gate of the police station was then open. S.I. Dilbagh Singh was present in the police Station. Surjit Kaur, niece of Chanan Singh detenu then called the detenus by their names in a loud voice but there was not response. Thereafter, the warrant officer searched the building of the Police Station. They failed to locate the detenus. Then, he made an entry in the Daily Diary at 11. 15 a.m. Thus, no action is, called for against S.I. Dilbagh Singh of P.S. Kalanaur.
(2.) ANOTHER warrant officer Shri Gian Singh also visited P.S. Dera Baba Nanak at 11.15 a.m. on 11-10-1990 but the alleged detenus were not found in the police lock up. On being called by the relation of the alleged detenus in a loud voice, there was response from one of the rooms of the police station. The door of that room was open. The alleged detenus except Jaswant Singh and Chanan Singh were found sitting there on cots. In the meanwhile Shri Dilawar Singh, Incharge of the police station arrived there. On enquiry by the warrant officer as to why these persons were being detained at the police station the S.H.O. depicted his ignorance saying that he had left the police station at 6.05 a.m. vide Daily Diary No. 35. The Moharrir Head Constable of the police station on enquiry by the warrant officer apprised him that the alleged detenus had come to the police station to meet the S.H.O. and in his absence he had asked them to sit in that room. The police officials, however, did not raise any objection to the release of these detenus except for Chanan Singh whose parentage did not tally. Chanan Singh son of Khazan Singh was not, however, found at the police station. On the last date of hearing, i.e., on 12-10-1990, Mr. H.S. Nagra had contended that no further action was called for on this petition as the alleged detenus had come to the police station of their own accord and were not being illegally detained. There appears to be no force in this contention as in case the alleged detenus wanted to simulate their confinement at the police station, then there was no question of Jaswant Singh and Chanan Singh missing therefrom. Moreover, there is no evidence on the file to infer that the petitioner or the above-referred detenus had any motive to falsely implicate the incharge of that police station. Due to non filing of any reply to the petition, the averments of the petition that these detenus were being detained at the police station since 4-10-1990 remained uncontroverted.
(3.) THUS , there is no escape but to conclude that the above-referred persons were being, illegally detained by Shri Dilawar Singh, Incharge of P.S. Dera Baba Nanak or at his instance. He is, therefore, directed to pay Rs. 5000/- each to Sharan Pal Singh, Balbinder Singh, Gurdial Singh, Labh Singh and Harbhajan Singh whose detailed description figures in the writ petition. The petitioner or the alleged detenus shall be at liberty to take any appropriate action against the aforesaid Sub Inspector in accordance with law, S.H.O. Dilawar Singh is directed to deposit the compensation in the High Court within one month of this order.;