Court on its own Motion vs Surjit Singh, Inspector of Police and Ors.

S.S. Dewan, J.

In Criminal Writ petition No. 732 of 1986 filed at the instance of Jatinder Singh Pannu, regarding the alleged detention of Lakha Singh in Police station Sadar, Tarn Taran, this Court issued a writ of habeas corpus for locating the alleged detenu in that police station and also appointed a Warrant Officer for the execution of that Writ. The Warrant Officer went to the police station at about 11.25 P.M. on 16th July, 1986 and asked Kashmir Singh Constable No.1774 on duty to open the door, after disclosing his identity and the purpose of his visit to the Police Station. The said Constable, however, refused to open the door and pointed his rifle towards him after loading it and thus hindered the Warrant Officer to ascertain as to whether Lakha Singh was confined in the Police Station or not. The learned single Judge disposed of the Criminal Writ Petition No. 732 of 6.8.1986 with the observation that from the report of the Warrant Officer, action may have to be taken to initiate proceedings for criminal contempt against the respondents and referred the matter to a larger Bench for disposal. The Division Bench issued notices for contempt of Court to the respondents Inspector Surjit Singh, Lakhbir Singh Assistant Sub Inspector, Kashmir Singh Constable and Surinder Singh Assistant Sub Inspector for offering hindrance to the Warrant Officer in the performance of his duties under the order of the Court.

The Warrant Officer in his report dated 17 July, 1986 has not said a word against the respondents Surjit Singh Inspector and Lakhbir Singh, Assistant Sub Inspector. For this reason, contempt proceedings against them are dropped and they are cleared of the charge.

So far as Kashmir Singh Constables and Surinder Singh Assistant Sub Inspector are concerned, they have filed affidavits before this Court denying the allegations made against them. Their plea was that Tarn Taran Sub Division of Amritsar District was heavily terrorists affected area and that the Inspector General of Police as well as the Senior Superintendent of Police had instructed them not to open the door of the police station during the night time. They, however, admitted in their affidavits that the Warrant Officer had visited the Police Station on 16th July, 1986 at 11.20 P.M. and that on the instructions given by the Deputy Superintendent of Police, the door of the Police Station was opened and the Warrant Officer was allowed to conduct the search in the Police Station in order to locate the alleged detenu but he was not, however, found there.

The Warrant Officer while discharging his duties as such was within the authority to search the Police Station and he was obstructed in the performance of his duties by these police officials. Mr. Mann Advocate has, however, urged that these officials were bona fide of the view that in his attempt to enter the Police Station at that odd hour of the night, the Warrant Officer was transgressing his powers. We, however, do not feel inclined to accept the explanation given by Mr. Mann to support the action of the contemners.

In view of what we have noticed above, Constable Kashmir Singh and the Assistant Sub Inspector Surinder Singh have committed contempt of Court by interfering in the administration of justice by obstructing the Warrant Officer from entering the Police Station and thus committed contempt of Court as defined in Section 2(c)(iii) of the Contempt of Courts Act, 1971. They are held guilty of the said offence and convicted for that offence. We sentence Constable Kashmir Singh to pay a fine of Rs. 200/ or in default of payment of fine he shall undergo simple imprisonment for a period of two weeks. Surinder Singh Assistant Sub Inspector is sentenced to pay a fine of Rs. 100/ or in default of payment of fine he shall undergo simple imprisonment for one week. The fine shall be paid within one week from today.