Puran Chand vs Major Singh Inspector, S.H.O.P.S.Divn No.1

A.S. Bains, J.

Puran Chand, father of Ashwani Kumar alias Pinki has filed this Petition against Major Singh Inspector, S.H.O. of Police Station Division No. 1, Jullundur City for punishing him under the Contempt of Court Act. It is alleged in the petition that his son Ashwani Kumar alias Pinki was working in Ahuja Labour Industries, Industrial Area, Jullundur City, which is owned by Shri K.S. Ahuja; that his son suffered an injury on his hand, which rendered him incapable of doing any service and, for that purpose, he was thrown out of his employment by Shri K.S. Ahuja; that he claimed compensation from the owner of the factory, but Shri K.S. Ahuja threatened him that a false case would be registered against him for stealing of rubber straps which were being manufactured in his factory; that apprehending his arrest Ashwani Kumar alias Pinki moved the Sessions Judge, Jullundur on 13th February, 1982 for the grant of anticipatory bail and he was allowed the adinterim anticipatory bail by Shri M.S. Luna, Additional Sessions Judge, Jullundur on 15th February, 1982; that a notice was issued to Inspector Major Singh respondent for 20th February, 1982, on which date the respondent did not appear in the Court, that on the request of the State Counsel, the case was adjourned to 24th February, 1982 and the interim bail continued upto that date. It is further alleged in the petition that on 22nd of February. 1982, Ashwani Kumar alias Pinki was arrested by the respondent despite the knowledge of the order of anticipatory bail and despite the fact that he was informed by the petitioner as well as by Ashwani Kumar that anticipatory bail had been granted. Ashwani Kumar, it is alleged, was kept in illegal custody and was mercilessly beaten by the respondent. The petitioner sent telegrams on the same day to Hon''ble the Chief Justice of Punjab and the InspectorGeneral of Police regarding the illegal detention. The petitioner also moved the Additional Sessions Judge, Jullundur on 23rd February, 1982 for contempt of the order of that court, on which notice of contempt was issued to the respondent for 24th February 1982. On that date, the respondent never appeared in the court. On 25 February 1982, the respondent released Ashwani Kumar and, immediately on his release, the petitioner got his son examined from the Civil Hospital, Jullundur City. According to the doctor five injuries were found on the person of Ashwani Kumar. The learned Additional Sessions Judge, Jullundur dismissed the anticipatory bail application of Ashwani Kumar on 27th February, 1982 and also dismissed the application for contempt on 1st March 1982. Ashwani Kumar, however, moved an application (Cr. M. No. 1004M of 1982 for grant of anticipatory bail, in the High Court, which was allowed on 18th March, 1982.

Reply has been filed by the respondent, who has denied the allegations made in the petition. Evidence was also led by the parties. The petitioner produced P.W. 1. Sewa Singh son of Sant Singh, President Nagar Sudhar Sabha, Gandhi Camp. Jullundur City, P.W. 2 Ashwani Kumar son of Girdhari Lal''s factory owner, Industrial Area, Sodhal and P.W. 3 Ashwani Kumar son of the petitioner. These witnesses have supported the allegations made in the petition. They have no animus against the respondent. They have categorically stated that the order regarding grant of adinterim anticipatory bail to Ashwani Kumar by the Additional Sessions Judge, Jullundhur was conveyed to the respondent contemner, but he did not care for the Court''s order and arrested Ashwani Kumar on 22nd February, 1982. Tortured him and kept him in illegal custody upto 25th February, 1982.

Major Singh contemner has also produced evidence in defence R.W.; I. Gian Chand has deposed that he know Ashwani Kumar son of Puran Chand petitioner and that Ashwani Kumar told him that he had been called by the police and he should accompany him to the Police Station Division No. 1, that he accompanied him to the Police Station along with Ramesh Kumar and H.C. Karam Chand and produced him before S.I. Om Parkash, that Ashwani Kumar confessed his guilt and prayed for mercy, that his statement was recorded by S.I. Om Parkash, in his presence which was attested by one Bahadur Singh R.W. and that Ashwani Kumar was not arrested, however, in crossexamination this witness has admitted that he did not know the name of brother of Ashwani Kumar, did not know how many brothers he has got and even did not know the address of his house and that he did not know where Ashwani Kumar works. He admitted that he generally goes to the police station and sign papers there. No reliance can be placed on the testimony of such a witness. He seems to be a made up witness and under the influence of the police. Otherwise, he had no business to go to the police station generally and sign papers there. He has not stated as to what type of papers he used to sign.

R.W. 2 Bahadur Singh son of Gulab Singh is another witness produced by the respondent contemner, who has also supported the version of the respondent. This witness also seems to be madeup witness as he has admitted in his crossexamination :

I occasionally go to the Police Station in connection with some work. Sometimes I go there many times in a day. I go to the Police Station whenever some disputes occur between the parties. I might have been prosecuted in one or two criminal cases I was involved in many land disputes ..... Kartar Singh Ahuja is of my brotherhood."

He has admitted that Kartar Singh Ahuja was present outside the Court on that day.

Kartar Singh Ahuja, who appeared as R.W. 3, has supported the version of the respondentcontemner. He seems to be an interested witness as Ashwani Kumar (P.W. 3) son of the petitioner was employed, his factory, during the course of which employment his thumb of the hand was chopped off and his services were terminated. In his crossexamination he admitted that the electricity officials had raided his factory many times in connection with theft to electricity. No reliance can be placed on such a person. to the same effect is the statement of R.W. 4 SI Om Parkash Police Station Division No. 6, Jullundur, who is working under the respondent. He has neither denied nor accepted the receipt of the notice regarding anticipatory bail to Ashwani Kumar by the Additional Sessions Judge, Jullundur.

Ravi Nandan, constable, working, under the respondent in Police Station Division No. 1, Jullundur, appeared as R.W. 5. He brought the Roznamacha pertaining to Police Station Division No. I from 22nd to 25th February, 1982. He disposed that on 22nd February, 1982, the respondent went to attend the meeting of the S.S.P. at 10.30 a.m. and came back at 2.45 p.m., that at 5 p.m. he left for general patrolling and returned to the Police Station at 9.30 p.m. that on 23d February, 1982, at 9.30 a.m. he went to supervise the security arrangements in connection with the IndoPak Match held at Guru Gobind Singh Stadium, that on 25th February, 1982, he left the Police Station at 9.30 a.m. for S.S.P.''s office and came back at 6.05 p.m. He immediately left for patrolling and returned to the Police Station at 10.15 p.m. He further stated that the investigation of F.I.R. No. 24 of 1982 was entrusted to S.I. Om Parkash. He admits that it is not recorded in the rozanmcha that Ashwani Kumar appeared before S.I. Om Parkash on 25th February, 1982. He also deposed that Ashwani Kumar was produced by Gian Chand and Ramesh Kumar before S.I. Om Parkash, but he does not say on which date he was arrested. In his crossexamination this witness has admitted that there is no entry on a full page preceding the entry regarding Inspector Major Singh''s departure on 22nd February, 1982, and even on the prior page, the date 21st/22nd is written. He also admits that Major Singh''s name is cut and the name of Om Parkash is written against his name. He further admits that according to entry on 25th February, 1982, Major Singh Inspector remained on duty for 12 hours, that and before this entry regarding departure of Major Singh Inspector, there is one full page left vacant, on which no entry is made. He also showed his ignorance regarding the receipt of the notice from the court in the Police Station.

Major Singh Inspector (respondent) also appeared as his own witness. He admitted in his crossexamination that as S.H.O. he is responsible for all the acts done by the police officers under him and the responsibility of the notices received from the Courts is his and that the court communication are regarded as important documents. He also deposed that he did not remember if the Public Prosecutor had informed him about the anticipatory bail to Ashwani Kumar on 20th February, 1982.

From the perusal of the aforesaid evidence produced by the parties, I am of the view that Ashwani Kumar was allowed adinterim anticipatory bail by the Additional Sessions Judge, Jullundur. Even if the respondent was on leave from 15th to 18th of February, 1982, as the anticipatory bail was allowed to Ashwani Kumar on 15th February, 1982, copy of the order could be received in Police Station on the same day or on the following day. The bail orders are urgent orders and are despatched by the Courts immediately. There is no reason to disbelieve Ashwani Kumar son of the petitioner on this point. He has categorically deposed that at the time of his arrest on 22nd February, 1982, he had told the respondent about the grant of adinterim anticipatory bail to him by the learned Additional Sessions Judge. His statement is corroborated by Ashwani Kumar son of Girdhari Lal (P.W. 2) and Sewa Singh (P.W.1). As observed earlier, there is no reason to disbelieve these witnesses. No reliance can be placed on the witnesses produced by the respondentcontemner as they have falsely deposed in his favour. Not only that the respondent has filed a false affidavit in this Court but has also concocted the evidence and produced false witnesses in this Court, which is a very serious matter. It is highly improbable that a person after obtaining anticipatory bail from the Court will not inform the police officer about it. Admittedly Ashwani kumar was working as a worker in the factory of K.S. Ahuja (R.W. 3), where during his employment his thumb of the hand was chopped off and the case was registered against him on 22nd Feb., 1982 i.e. after the grant of anticipatory bail to him by the Court, in the Police Station of which the respondent was the Incharge and the first information in the case was K.S. Ahuja R.W. Since K.S. Ahuja did not like to pay any compensation to Ashwani Kumar, he got the case registered against him and the respondent connived with K.S. Ahuja R.W. If the order of anticipatory bail was not to be shown or communicated to the respondent or the officers working under him, it is not understandable as to why Ashwani Kumar obtained anticipatory bail from the Court. Thus, I am of the considered view that the order of anticipatory bail was communicated to the respondent by Ashwani Kumar in the presence of Sewa Singh and Ashwani Kumar son of Girdhari Lal PWs. Thus, I hold that in spite of the anticipatory bail granted to P.W. 3 Ashwani Kumar son of the petitioner, the respondent arrested him, tortured him and ultimately released him on 25th February, 1982, when he received another notice from the court of the Additional Sessions Judge, Jullundur.

For the reasons recorded, I hold the respondent guilty of the contempt under the Contempt of Courts Act and sentence him to a fine of Rs. 1,000/ (Rupees one thousand) or in default to undergo three months'' simple imprisonment.

Before parting with this judgment, I am constrained to remark that the custodians of law and order as the police officers are have started flouting the law themselves. Police officers are entrusted with the sacred duty of maintaining peace, apprehending the offenders and protecting the innocents, but they have started protecting the offenders and harassing the innocents, which is a very sad state of affairs and amounts to fence eating the crop.