Avtar Singh vs Swaran Singh

R.L. Anand, J.

Written statement filed. Copy given.

Shri Avtar Singh son of Joginder Singh has filed the present writ petition under Articles 226/227 of the Constitution of India in the nature of habeas corpus for the release of detenus Sarvshri Gurjit Singh, Daljit Singh and Pardeep Singh.

Vide order dated 7th November, 1997 Hon''ble Mr. Justice K.S. Kumaran was pleased to appoint a Warrant Officer with a roving writ to search for and secure the release of the detenus, if they were illegally detained in Police Station Division No. 5, Jalandhar, or at the C.I.A., Staff, Jalandhar. Under the directions of the Court, Shri C.R. Hans was appointed as Warrant Officer, who submitted his report, marked A1 by me today. In paras Nos. 2 and 3 of the report, the Warrant Officer has stated as follows :

"(2) Police Station Division No. 5 was housed in the shopping complex of Improvement Trust, Jalandhar. There were a number of rooms, both in the front portion and also on the rear portion. I along with the petitioner searched for the detenus in the front portion. The alleged detenus were not found in any of those rooms. Thereafter I along with the petitioner searched for the alleged detenus in the rooms in the rear portion. At my direction the petitioner called in a loud voice the names of the detenus. The alleged detenus viz. Daljit Singh s/o Joginder Singh and Gurjit Singh s/o Joginder Singh were found by me in one of the rooms in the rear portion. The right hand of the detenu Daljit Singh and the left hand of the detenu Gurjeet Singh were handcuffed. Both the detenus were identified by the petitioner. On being enquired from them they gave me their names as Daljit Singh and Gurjeet Singh @ Ginna. They informed me that they were arrested by the police on 6.11.1997 at about 9.30 P.M. and since then they were in the custody of Police Station Division No. 5, Jalandhar. Both told me that they were given cane beatings and showed me their feet and legs. However, no cane marks/contusions could be seen by me.

(3) Thereafter I along with the petitioner came back to the MHC room where AMHC Sh. Ashwani Kumar was present. I demanded DDR from him. He told me that the DDR will be supplied after he got the instructions from the S.H.O. Sh. Swarn Singh who was in the illaqa. At about 11.15 P.M. the lights of the Police Station went off. A candle was burnt in the MHC room. The MHC Sh. Ashwani Kumar came to me and informed me that the SHO had been contacted and he will be reaching there shortly. I told him that the arrival of the S.H.O. could be waited but the D.D.R. was immediately required to verify the facts of detention of the detenus. At my repeated asking the MHC produced before me the DDR at about 11.50 P.M."

The perusal of the above paras would show that all was not well in Police Station Division No. 5, Jalandhar. When the Warrant Officer went to the room of the MHC, he noticed the presence of Constable Narinder Singh. When the roznamcha was demanded from him, he told the Warrant Officer that the same was in the custody of A.M.H.C., Sh. Ashwani Kumar, who had gone to the market to take the meals as the mess of the Police Station was closed for the last 3/4 days. Roznamcha is such a document which is not supposed to be taken by the A.M.H.C. Constable Narinder Singh has flouted the orders of the High Court, when he did not offer the roznamcha to the Warrant Officer. It has also been mentioned by the Warrant Officer in para No. 3 of the report that when Assistant Moharrir Head Constable Ashwani Kumar was found present in the room of the Moharrir Head Constable after he (the Warrant Officer) returned to the room of the Moharrir Head Constable, the roznamcha was again demanded from him (Sh. Ashwani Kumar). Thereupon Sh. Ashwani Kumar told the Warrant Officer that the D.D.R. would be supplied if he got the instructions from the S.H.O. Sh. Swarn Singh, who was stated to be in the Illaqa. The Warrant Officer further states that at about 11.15 P.M. the lights of the Police Station went off. Then a candle was burnt in the room of the Moharrir Head Constable. Certain delaying tactics were adopted by the Moharrir Head Constable for parting with the roznamcha to the Warrant Officer, who was able to secure the roznamcha at about 11.50 P.M., in spite of the fact he reached the Police Station at 10.45 P.M. The delay in offering the roznamcha to the Warrant Officer tells a sad story of the working of the Police Station. Reasonable inference can be drawn that had the roznamcha been produced before the Warrant Officer at the earlier stage, the detention of Sarvshri Daljit Singh and Gurjit Singh would have been found illegal. At this stage I do not want to comment upon and deprecate the conduct of Sarvshri Ashwani Kumar and Constable Narinder Singh, who had not cooperated with the Warrant Officer.

Keeping in view the above, I recommend to the disciplinary authorities for taking necessary departmental action against Shri Daljit Singh and Shri Ashwani Kumar. I direct the Registry to post a copy of this order along with the report of the Warrant Officer to the S.S.P. Jalandhar, in order to enable him to proceed departmentally against these two delinquent officials and the intimation of the action taken by the S.S.P. Jalandhar, would be given to this Court in due course.

Present petition stands disposed of with the above observations/directions.