Gopal Singh, J. - (1.) THIS is habeas corpus petition by Parshotam Dass on behalf of two detenues Moti Sagar and his son Yash Pall said to have been illegally detained at the Police Station, Jagraon by the Station House Officer of that Police Station. It is stated in the petition that they were being unlawfully detained from the night of March 15, 1969 up till the time the petition was presented on March 17, 1969. Jindra Lal J., by his order dated March 17, 1969, issued rule nisi to the Station House Officer. At the time of preliminary hearing, It was represented on behalf of the detenus that in order to avoid illegal detention going undetected, some officer of the High Court be deputed to accompany the petitioner and to see if the detenus were being so detained Apart from the rule nisi being issued, the Superintendent of Criminal Branch of the High Court was deputed to accompany the petitioner and to make search of the premises of the Police Station and to see if the detenus were being detained.
(2.) THE Superintendent of the High Court reached the Police Station at 8.15 p.m. on March 17, 1969. In the premises of the Police Station, both the Superintendent and the petitioner shouted aloud the names of the detenus but there was no response to the shouts. Thereafter, they made thorough search of the premises of the Police Station. While shouting again. Yash Pall detenu responded to shout from a corner of the Police Station. He responded to the shout in a bewailing manner. Moti Sagar also replied to the shout from a room in which he was sitting with Gurdip Singh, Deputy Superintendent of Police. It is stated that when the Superintendent entered the room, Moti Sagar was looking perplexed, The Superintendent found that there was no entry about the arrival in or departure from the Police Station in the daily diary showing that the detenus had been called for interrogation. Moti Sagar detenu stated to the Superintendent as has been recorded by him in writing, that he and his son Yash Pall had been called to the Police Station on March 15, 1969 that they had been handcuffed, that they had been taken to Police Station, Khanna by Manphul Singh, Inspector of Police and Session House Officer, Khanna in a Jeep, that they had been detained and beaten there by the Police till the evening on March 17, 196;) when they were brought back to the Police Station. Jagraon only 15 minutes before the arrival of the Superintendent from the High Court and that they were not allowed to sleep. He also stated that when he heard the shouts of his being called by his name, he was prevented from responding to the shouts on pain of being shot down. Yash Pall detenu repeated what was stated by Moti Sagar. He further added that urine was poured into his mouth by the Station House Officer, Khanna. In ins statement to the Superintendent, he also said that when he heard the shouts, he was prevented from making any response to the shouts and was told that dire consequence of his being killed would follow if he responded to them.
(3.) PRITAM Singh sub -Inspector, who is Station House Officer at Police Station, Jagron has in his affidavit in reply stated that he neither called the detenus for interrogation nor he knew anything about their having been detained and that Gurdip Singh, Deputy Superintendent of Police was incharge of the investigation and he was dealing with the case of report No. 64 dated March 12, 1969 registered at the Police Station under Section 5 (2) of the Prevention of Corruption Act, 1947 against Shri Lachhman Singh Gill and that he saw the detenus sitting with the Superintendent in the reporting room of the Police Station at 8.30 p.m. on March 17, 1969. The detenus were produced today in Court by Pritam Singh.;