Harbans Singh vs State of Punjab

R.L. Anand, J.

Before I give the operative portion of this order, I want to give in brief what has led to the filing of the present petition.

One Harbans Singh S/o Mehan Singh, filed a petition u/s 482, Cr.P.C. read with Articles 226/227 of the Constitution of India, seeking the directions of this court in the nature of habeas corpus for the release and production of Bakshish Singh and Kikkar Singh, who according to the petitioner were in the illegal custody of the police and they were allegedly beaten, tortured and harassed by the respondents. This petition came up for hearing before Hon''ble Mr. Justice Swatanter Kumar and his Lordship was pleased to pass the orders on 18.10.1995, to the following effect :

"Counsel for the petitioner prays for the appointment of a Warrant Officer for the purpose of finding out the whereabouts of Kikkar Singh and Bakhshish Singh who are stated to be in illegal detention of respondents No. 2 to 4 at Police Station Chabal, Tehsil Tarn Taran, District Amritsar. Let a Warrant Officer be appointed by the Addl. Registrar (Judicial) with the directions to go to the places pointed out by the petitioner and to take custody of the said two detenus if they are being detained illegally, they be produced in the Court on the date fixed."

In pursuance of the above directions, the Warrant Officer submitted the report. Bakhshish Singh was recovered from the Police Station by the Warrant Officer. It was further reported that Kikkar Singh was also taken into custody by the police along with Bakhshish Singh and both of them were detained in the police station for one night and on the next morning, Kikkar Singh was separated and for this reason, Kikkar Singh could not be located by the warrant Officer in the police station. Fresh directions were given by his Lordship to produce Kikkar Singh, if he was in the custody of the police. The State came with a plea that Kikkar Singh was arrested in proceedings u/s 107/151, Cr.P.C. This plea of the State did not find favour with the Hon''ble High Court and vide orders dated 18.1.1996, a Judicial Enquiry was ordered by Hon''ble Mr. Justice V.K. Jhanji. The learned C.J.M., Chandigarh, was appointed as the Enquiry Officer who rejected the version of the State and came to the conclusion that Kikkar Singh was also detained along with Bakhshish Singh in the police station and that the story of his arrest u/s 107/151, Cr.P.C. was totally a farce in order to cover up the misdeeds of the State.

Now, both Bakhshish Singh and Kikkar Singh are free persons. The point which survives for determination is what further action should be taken against the defaulters/delinquent officials of the State and whether the State should be burdened with compensation on account of the acts of omission which have been committed by its functionaries.

It was the allegation of the petitioner that Bakhshish Singh and Kikkar Singh were illegally detained. When Bakhshish Singh was recovered, his detention was for a period of 5 days. The detention of Kikkar Singh in police custody was for 27 days. Kikkar Singh also sustained injuries though simple in nature. In these circumstances, I think that it will be appropriate if both Bakhshish Singh and Kikkar Singh are compensated for the illegal detention and for the harassment/mental agony which they have suffered at the hands of the police people. I do not want to pass orders for the registration of a criminal case against the defaulters but Bakhshish Singh and Kikkar Singh must be compensated in terms of money. Human liberty has no substitute. Detention of an individual in police custody cannot be encouraged at any parameter. A person who remained in the illegal custody of the police must have suffered mental agony and depression and what not. He must have thought, during the days of his detention, what would be his future. Illegal detention not only causes mental agony to the victim but also gives bad name to the working of the police. It gives wrong signals in the international community.

Keeping in view the totality of circumstances of this case, I direct the respondentState to pay a sum of Rs. 10,000/ to Bakhshish Singh and Rs. 25,000/ to Kikkar Singh, by way of compensation. The amount of compensation shall be paid by the respondentState within two months from the receipt of the copy of the order. The State will be at liberty to realize the amount of compensation from the delinquent officers/officials.

Let a copy of the order be sent to the Chief Secretary, Punjab, for compliance.

Petition stands disposed of in the above terms and observations.