- (1.) BY way of this order, I shall dispose of CRM -M - 3654 of 2013 titled "Jagdish Parshad and another vs. State of Haryana and others" and CRM -M - 10526 of 2009 titled "Rohtash and another vs. State of Haryana and others" as these involve identical questions of law and facts for adjudication. However, the facts are being taken from CRM -M - 3654 of 2013.
(2.) THE brief backdrop of this case is that Virender Kumar @ Birender son of Jagdish Parshad performed marriage on 11.11.2008 with one Pooja Mann (since deceased). Virender Kumar and Pooja Mann filed CRM -M - 31665 of 2008 before this Court seeking protection to their lives and liberty on the plea that they apprehended threat at the behest of parents and family members of Pooja Mann (respondent Nos. 8 to 10 herein). The petition was disposed of vide order dated 2.12.2008 (Annexure P -1) and in pursuance of the order passed by this Court, they were provided security by the official respondents. On 25.3.2009, Virender Kumar was apprehended in case FIR No. 72 dated 25.3.2009 for commission of offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"), registered at Police Station, Sadar Narnaul, District Mahindergarh in regard to recovery of 9.900 Kgs of ganja from Virender Kumar and his co -accused Bijender.
(3.) POOJA Mann filed Criminal Writ Petition No. 384 of 2009 seeking issuance of directions for release of her husband from illegal custody and to ensure protection to their lives and liberty. In the said petition, on 26.3.2009 itself, the Court was informed that the alleged detenue has been arrested, therefore, prayer for issuance of writ of habeas corpus does not survive. However, the petitioner pressed her other claims and notice of motion was issued to the State of Haryana for 2.4.2009, vide order passed on 26.3.2009 (Annexure P -2). On 29.3.2009, at about 2.30 p.m., Pooja Mann on her way back to her matrimonial home, after answering the call of nature, accompanied by her mother -in -law, jumped in the well and committed suicide, leaving behind a hand written note purported to be in the handwriting of Pooja Mann (Annexure P -4). Counsel representing petitioners Jagdish Parshad and Virender Kumar (father -in -law and husband of Pooja Mann) would argue that the security provided to Virender Kumar and Pooja Mann was withdrawn after getting their signatures on some papers on the intervening night of 22/23.3.2009 at 1 -00 a.m. After withdrawal of security in an unwarranted manner, on 25.3.2009, at about 8 -00 a.m., ASI Kartar Singh and two constables picked up Virender Kumar (petitioner No. 2 herein) illegally alongwith Indica car bearing registration No. RJ -02 -CAT 2648. It is submitted that Jagdish Kumar, petitioner No. 1 and Rohtash his cousin brother, immediately approached the SHO/ In -charge of CIA Narnaul District Mahindergarh -respondent No. 6 but ASI Kartar Singh demanded Rs. 5 Lakhs for release of petitioner No. 2 in the name of Superintendent of Police (J.S.Lamba). It is further argued that despite best efforts by petitioner No. 1 and his daughter -in -law, they could not get necessary help from the district administration as the administration was acting in connivance with respondent Nos. 8 to 10 due to intercaste marriage of Pooja Mann (Jat) and Virender Kumar (Ahir). It is further submitted that Pooja Mann was harassed by the police officials and as a result, she committed suicide leaving behind a suicide note inculpating the members of the police.;