Gurdip Singh vs Station House Officer, P.S.Banga

Harbans Singh Rai, J.

Gurdip Singh petitioner resident of village Hasanpur, Tehsil and District Jalandhar, has filed this petition for the release of his son Barinder Singh. He has stated in his petitionthat his son is about 20 years old, had passed his B.A. examination and on August 4, 1988, when he was going to Jalandhar in connection with admission he was illegally picked up by the police. He has further stated that he had approached the Senior Superintendent of Police, Jalandhar, and brought to his notice that his son has been illegally detained. He had sent telegrams to the Chief Justice of Punjab and Haryana High Court, District & Sessions Judge, Jalandhar and the Ilaqa Magistrate. He had also met police officers and respectables of the Ilaqa and brought to their notice that there is nothing against his son, but his son was not released. As he was left with no alternative, he has filed this writ petition. A Warrant Officer was appointed on September 21, 1988.

Mr. S.S. Walia, Warrant Officer, visited Police Station, Banga, on September 21, 1988, and there he found Birinder Singh in the Police Station. He has made the following report :

"In compliance with orders of Hon''ble Mr. Justice Harbans Singh, I along with Gurdip Singh, petitioner,went to Police Station Banga, to search Barinder Singh, the alleged detenu and to serve notice on the respondent. On reaching there I contacted Ajaib Singh, H.C. No. 712, sitting in the reporting room, disclosed the identity and purpose of visit and asked the petitioner to search the alleged detenu and the petitioner immediately pointed out towards a room, where Barinder Singh, was sitting and I called the alleged detenu, to the reporting room. In the meantime, Shri Jasbir Singh, ASI came there and I enquired from him the reasons of detention of Barinder Singh in the Police Station. He told that Barinder Singh, was called for investigation of a case. I asked the ASI to show the papers regarding the arrest of the alleged detenu, to which he replied that there was no such entry in the police record. The ASI further told that the alleged detenu was not required any more by the police and was free to go home. I handed over the relevant papers to the ASI and he after going through the papers asked Barinder Singh, the alleged detenu, to leave the Police Station immediately and go anywhere he likes. There after Barinder Singh, the alleged detenu, left the Police Station, along with the petitioner towards their village, in my presence and I left for Chandigarh."

A.S.I. Jasbir Singh, Police Station, Banga, in his affidavit by way of reply stated as under :

"2. That the detenu Varinder Singh was not in illegal detention at the Police Station at the time of the visit of the Warrant Officer appointed by this Hon''ble Court nor any time before he was taken in custody. He was also not required as an accused in any criminal case pending at P.S. Banga.

That at the time of the visit of the Warrant Officer, the deponent was present in the P.S. Inspector Jaskirat Singh, S.H.O. was not present in the P.S. On calling out the detenu by the Warrant Officer, he had appeared before him, saying that he was around there in some room of the P.S. In fact, it appeared that he had entered the P.S. after the arrival of the Warrant Officer and claimed before him that he was sitting in some room in the P.S.

That the deponent did not know the detenu personally. He was surprised on the query made by the Warrant Officer and by the presence of the detenu over there. The deponent stated before the Warrant Officer that, if he was there, he must be required for investigation in some case. There was in fact no case registered against him nor he was required in any criminal case. The deponent then explained the position to the Warrant Officer. On the direction of the Warrant Officer, Varinder Singh detenu was allowed to go with his own free will.

That,the detenu was not in illegal detention nor he was ever arrested by the Banga Police nor he was summoned as an accused in any criminal case against him. His sudden appearance in the P.S. was taken notice of by the Warrant Officer."

I have heard the learned counsel for the parties and considered the circumstances of the case. The version of the petitioner is supported by the report of the Warrant Officer and Barinder Singh was found in the Police Station. The stand taken up by Jasbir Singh, ASI that on calling out the detenu by the Warrant Officer, the detenu had appeared before him and he had entered the Police Station after the arrival of the Warrant Officer is not very convincing.

As the detenu has been found at the Police Station and the explanation of ASI Jasbir Singh is not satisfactory and appears to be false, I feel the detenu is entitled to, compensation for his illegal detention. An educated young man was detained in Police Station without any fault of his and all pleas of his father to the authorities could not get the detenu released and when the Warrant Officer deputed by this Court found him in the Police Station, ASI Jasbir Singh came out with a false explanation that the detenu had just walked inside the Police Station. Apart from the other legal action which the detenu may take for his illegal detention against the concerned police officer, I direct that Jasbir Singh, ASI of Police Station, Banga, shall pay Rs. 3000/ as compensation to Barinder Singh detenu for keeping him in illegal detention. This compensation shall be paid within four weeks. With these observations, the petition is disposed of.