- (1.) This is a petition by Kidar Nath of Ludhiana under Art. 226 of the Constitution of India praying for the issuance of writ of habeas corpus against the three respondents, the State of Punjab, Shri Chaman Lal Assistant Sub- Inspector in charge Police Division No. 3, Ludhiana, and S. Pritam Singh Brar, City Inspector of Police, Ludhiana. It is conceded at the Bar that no case is made out against respondents Nos. 1 and 3, and no relief is pressed against them. The petition relates to the wrongful detention of Moti Lal aged 18 years, younger brother of the petitioner, who was said to be in the illegal detention of Ludhiana Police and in particular of respondent No. 2.
(2.) The facts leading up to the presentation of this petition are that in the early house of 13-6-1959, a theft had been committed in the house of one Babu Ram of Ludhiana who occupied the upper storey of a building on the ground-floor of which was the shop of Ram Dulare Gupta, maternal uncle of Moti Lal, where the latter worked as a salesman. First information report was lodged at Police Division No. 3, Ludhiana, by Babu Ram in which he stated, that he had no suspicion on any person who might have committed the theft. In police diary dated 15-6-1959, name of Moti Lal was mentioned as a suspect. On the evening of 15-6-1959, he was called to the police post but allowed to depart at 8 p.m. This went on for some days. On 19-6-1959, the investigation of the case was handed over to C. I. A., but the theft remained untraced and the investigation was again re-transferred to respondent No. 2, as the Assistant Sub-Inspector in charge of the police post. On 16-8-1959, when Moti Lal was going in the morning to a barber's shop to get his hair cut, a constable approached him and told him that he was wanted by respondent No. 2 for investigation. Moti Lal went to the Police station but did not return home even after nightfall. Kidar Nath petitioner, his elder brother, went to Division No. 3, and made inquiries from respondent No. 2 about the whereabouts of his younger brother but on not getting any satisfactory information, the petitioner began to suspect that his brother was kept in police custody and was being given beating. He then sent an express telegram addressed to the Chief Secretary, Punjab Government, Chandigarh, with a copy to the Superintendent of Police, Ludhiana. Copy of the telegram is produced as annexure 'A', and runs as follows: "My younger brother Moti Ram under police custody since 14 house- No allegation against him--Unnecessary harassment and beating- Whereabouts unknown--Kindly intervene".
(3.) The petitioner could not discover the whereabouts of his brother and no reply had been received to his telegram. On 19-8-1959, Moti Lal was seen being taken to the house of Ved Vyas who was also suspected to be concerned in the theft. A police constable of Division No. 3 was accompanying Moti Lal. The petitioner learnt from Moti Lal that he had been severely beaten by the police. Thereupon the petitioner sent five telegrams addressed to the President of India, the Governor of Punjab, the Chief Minister, Punjab, the Chief Secretary Government of Punjab, and the Inspector General of Police, Chandigarh, the subject matter being: "My brother Motiram aged 18 under Ludhiana police custody since 16th August without judicial orders--Whereabouts unknown--Kindly intervene Kidarnath" (vide annexure 'B'). On 21-8-1959, the present writ petition was filed in this Court and on the same day the Hon'ble the Chief Justice passed an order that the detenu Moti Lal be produced in this Court on Monday, 24-8-1959. After the rule nisi had been issued, Moti Lal was said to have been released by the police from custody on 22-8-1959, at 11a.m. Within half an hour of his release, his maternal uncle took him to the civil hospital at 11-30 a.m. and the Assistant Surgeon who was in charge of the civil hospital, examined him and found on his person the following injuries: 1. Red contuion mark 4" x 1/2 " on the outer side of right upper arm, middle part anterio-posterior. 2. Red contusion mark 5" x 1" on back of right shoulder upper part. 3. Two contusions red abraded 6" x 1/2" and 51/2" x 1/2" on the back of chest right lower part, crossing each other obliquely. 4. Red contusion mark 6" x 1/2" on back of chest left side lower part oblique outwards and downward. 5. Red abraded contusion marks two, 8" x 1/2" and 6" x 1/2" crossing each other obliquely on back of chest left side middle part. 6. Red contusion mark 2" x 1/2" just below the angle of left scapula. 7. Abrasion 1/2" x 1/8" on back of right scapula middle part. 8. Blister bluish 5/8" x 1/4" on inner side of right leg lower part.;