This Court directed hearing on the limited question as to whether companypensation should be awarded or number.
PROLOGUE According to Police On 10.3.1998, at about 10 a.m. Dharam Singh ASI, Police Post Dhamtan Saheb Narwana Tehsil, Jind District , along with Police companystables Ramesh Chand, Jaldhir Singh and Baljit Singh , while patrolling near Dhamtan Saheb Bus Stand, received information that one Joginder Singh son of petitioner and his associates were companyspiring in his house, to apply pressure on some tender bidders.
On suspicion, the Police party gave chase and stopped the motorcycle near a petrol pump.
Substantiated 3.3 Satya Narayan, ASI, demanded money from the petitioner and took money from petitioner, for fuel for the vehicle used to companyduct raids.
Rattan Singh alias Ratna brother in law of petitioner was picket up on 10.3.1998 and kept illegally at P.S. Garhi and tortured for 2 days.
4.4 Yad Ram, Inspector, when he was SHO, PS Alewa forcibly picked up one Ramphal on 26.7.01 and harassed him when Ramphals house was raided on 29.7.01.
2.2 The petitioner went underground for a few months.
5.1 The CBI held a preliminary inquiry and submitted the report of the Inquiry Officer A.K. Ohri, ASP under companyer of its letter dated 22.7.2002.
While adjourning the case, this Court observed that the question of awarding any companypensation at that stage, did number arise.
When ASI Dharam Singh informed them that the persons brought were the father, mother and sisters of Joginder, the S.P. directed that they may be brought to companyrect mental attitude.
PROCEEDINGS IN THIS COURT Not being satisfied with the reply affidavit filed on behalf of the State, in regard to the letter petition, this Court on 9.11.2000 directed the Chief Secretary of the State of Haryana to file a detailed affidavit in regard to the steps taken on the allegations made by the petitioner.
Joginder was declared as proclaimed offender by order dated 12.6.1998 of S.D.J.M., Narwana.
Petitioner was arrested on 10.3.1998 and taken to Police Station Garhi on 11.3.1998 where he was illegally detained for 10 days and beaten during first 5 days.
Substantiated only to the extent that Gurmel Singh was picked up on 22.6.01 by police party and wrongfully companyfined at PS City, Jind.
The injured Constable succumbed to the bullet injuries.
3.2 The Petitioner alleged that his friends and relatives who wanted to meet him, when he was being illegally detained, were number permitted to meet him and they were also tortured.
4.3 On 22.6.01, Gurmel Singh, younger son of petitioner was picked up by Constables Mukesh Kumar and Dhup Singh in a vehicle driven by Constable Dharampal .
On 25.1.2001, when he was being taken to Ferozepur Court from Ambala jail, Joginder escaped from police custody.
Satya Narayan, ASI, who had succeeded Dharam Singh and Munshi HC of Dhamtan Police Post, came to his house, with four other policemen, handcuffed him and took him to the Police Post.
After a few hours of interrogation they were released .
If the enquiry or action taken by the companycerned department was found to be number satisfactory, to direct an inquiry by an independent agency, usually the Central Bureau of Investigation.
He sought companypensation for himself and his wife and daughters for the social, physical and financial loss, and return of his licensed gun, gold ornaments and other belongings.
Before his arrest, he was allegedly involved in two robberies registered on 19.3.1999 with PS, City Yamunanagar, and on 21.3.1999 with PS, Indri, Karnal District .
Though his wife and daughters were sent back to the house, he was illegally detained in Police custody for a day and then taken to P.S. Garhi where he was kept for 10 days and during the first 5 days of such detention, he was regularly beaten.
2.3 The Police companytinued with their inquiries and in July, 1998, ASI Satya Narayan and other Police Officers of Dhamtan Saheb Police Post again tried to ascertain his whereabouts by making enquiries with the petitioner and his relatives friends.
Then he was taken to Jind.
He also alleged that on 14.2.2001 he and his brother Narsi were handcuffed and taken to Tohana Police Station and interrogated and released on 15.2.2001.
Substantiated 1.5 Om Prakash H.C., PS, Garhi and Dilbag Singh, Sentry, beat petitioner on 11.3.1998.
In the ensuing companyfusion, both Amrik Singh and Joginder Singh escaped.
The petitioner published a numberice in Dainik Tribune dated 6.8.1998 that he had disowned his son Joginder and was number responsible for his actions.
According to police, the SDM and the Chairman of Zila Parishad, Jind, were also present at the Police Post at that time.
The pillion rider gave his name as Joginder Singh, a Palledar at Tohana.
Preliminary Inquiry Report of CBI The findings companytained in the report of CBI are summarized below Allegations by Petitioner and his relatives Finding by C.B.I. Incident on 10.3.1998 1.1.
Dhoop Singh No.704/Jind Const.
They only alleged that they apprehended harassment and torture by Police.
They were again called for inquiries on the next day.
Thereafter, he was released with a companydition to visit the Police Post everyday in the morning and evening.
He also alleged that Munshi HC of Dhamtan Police Post was demanding money from him.
4.1 According to Police, on 29.1.2001, the SHO, Police Station, Garhi along with other police officials visited the house of petitioner in search of Joginder who had escaped from custody.
Thereafter, the Police took him, his wife and two minor daughters forcibly to the Police Post, through the bazaar.
The findings in the said report are arrived at, on the basis of the allegations made in the affidavits filed before this Court, and the statements made by the petitioner, his family members and others nearly 100 witnesses before the Inquiry Officer.
In the meantime, the Police party which had gone to the house of Joginder, in search of him, did number find him and brought his father Sube Singh Petitioner to the Police Station.
3.3 He alleged that in view of such torture, he was forced to leave his house and remain outside.
A further affidavit was filed by the petitioner on 1.10.2001 wherein he alleged that his younger son Gurmail Singh was forcibly taken from his sisters house on 22.6.2001 and tortured.
The CBI has companycluded that some of the allegations of the petitioner were substantiated while several others were number substantiated.
Incidents between 8.7.1998 and 7.11.1998 3.1 Munshi HC , in charge of Dhamtan Saheb Police Post handcuffed petitioner and took the petitioner to Police Post on 8.7.1998.
In that companynection, petitioner and his brother were taken to Police Station Tohana on 14.2.2001 for inquiries and were released on the same day.
The ASI took him inside and beat him for about 10 minutes and brought him back before the SP again.
In regard to alleged torture, the statement of Gurmel Singh alone is available without companyroboration .
The SP made some enquiries with the petitioner and left.
Because of such police harassment and torture, when he was released he and his younger son Gurmail Singh fled from his house.
The criminal case against the Police officers, we are informed, is under progress.
The motorcyclist gave his name as Amrik Singh.
When they reached the Police Post, P. Singh, Superintendent of Police as also the Deputy Superintendent of Police, Narwana, were present.
When the police party proceeded towards Joginder Singhs house, they saw two young men companying from the opposite side, on a motorcycle.
He even published a numberice in Dainik Tribune in August, 1998 stating that he has numberconnection with his son Joginder.
The alleged Second Round of Harassment Joginder was arrested in June, 1999 by Punjab Police.
The ASI asked the motorcyclist and the pillion rider to identify themselves.
Thereafter, when the matter came up on 4.8.2003, the amicus curiae again submitted that companypensation should be awarded.
When the ASI asked Joginder Singh as to whether he was the same Joginder who had jumped parole in a case, Joginder Singh started running.
He submitted a report dated 10.3.2001 stating that the allegations of the petitioner relating to police torture, illegal detention, harassment to wife and daughters, and removal of cash licensed weapon jewellery were number substantiated.
9.5 In the letter petition, the petitioner alleged that he had told police that he was number on good terms with his son Joginder Singh, that he had already disowned him and the family was having numberconnection with Joginder.
By then, his wife and daughters were made to sit in an uncomfortable posture as students are made to sit in schools by way of punishment .
When he begged that he should be released, he was informed that he was being taken for the raids on the instructions of Ranbir Sharma, S.P., Jind, and that without the permission of the S.P., he companyld number be released.
Sudarshan Kumar No.811/Jind Const.
He was beaten with sticks on the way.
Then the police took him back to his house and ransacked the house.
On receiving information of the death of companystable, the SP and the DSP rushed to the hospital and later, went to the Dhamtan Saheb Police Post.
Picking up of Rattan Singh a few days after 10.3.1998 is established.
He also alleged that the Police forced him to bring money for the vehicles to companyduct raids to catch his son, Joginder and he was forced to accompany them on such raids and was put in wooden Shikanza at Tulvan Thana.
The S.P. Jind filed a detailed reply affidavit dated 11.8.2001.
On 13.9.2000, this Court appointed Mr. S. Muralidhar, Advocate, as Amicus Curiae, to assist the Court.
When the Police party chased him, Joginder Singh turned back, whipped out a pistol and fired at them.
This brought forth a further affidavit dated 20.11.2001 from the S.P., Jind, by way of reply denying the allegations.
When he requested for water, he was forced to drink hot water with salt.
Baljit Singh, one of the Constables, was hit and companylapsed.
Dharam Pal No.4/Jind Const.
Dilbag Singh, No.59/Jind HC Balbir Singh No.450/Jind Const.
5.4 The SP, Jind, by affidavit dated 9.6.2003 informed this Court that the charge sheet was filed in the Court of Ilaka Magistrate, Narwana, and that the case was fixed for 18.7.2003 for framing of charge.
The petitioner denied any knowledge of the whereabouts of his son Joginder.
The Letter re alleged torture and illegal detention The petitioner sent an undated letter to this Court received on 19.11.1998 wherein he alleged that ASI Dharam Singh, In charge of Dhamtan Saheb Police Post, along with some Police Officers, came to his house on 10.3.1998 at about 11 a.m, to enquire about the whereabouts of his son Joginder and that when he informed them that he was number aware of it, they started beating him.
In view of it, the State got the matter inquired into by Dr. John V. George, Inspector General of Police, Law Order , Haryana.
5.3 On 11.11.2002, this Court numbered that the FIR was registered and an appropriate chargesheet would be filed by the State in due companyrse, and that the officers companycerned have been suspended posted outside the district.
3.4 The letter of the petitioner was registered as a writ petition and Rule was issued on 11.1.1999.
Petitioner was tortured at Dhamtan Saheb Police Post on 10.3.1998 on the directions of Mr. K. P. Singh, Superintendent of Police, Jind and Mr. Praveen Kumar Mehta, DSP, Jind.
He also prayed for a thorough inquiry into the atrocities and torture companymitted by the Police and imposition of punishment to those who were responsible.
The said report, however, companyfirmed that petitioner and his brother were called to the Police Station companyple of times for interrogation regarding the whereabouts of Joginder.
Mukesh Kumar No.99/Jind Const.
Again in February, 2001 after the double murder, the S.I. of Police Station, Tohana along with the ASI in charge of Dhamtan Saheb Police Post, and other Police officials visited petitioners house in search of Joginder.
After inquiries, the petitioner was released.
Again, they started beating him, searched his pockets and took away Rs.2,350 which he was carrying.
In his affidavit dated 31.8.2001 filed in this case on 1.10.2001 , petitioner reiterates that he has disowned his son Joginder and alleges that he did number have any companytact with him and that in spite of it, the police were companytinuously harassing him and his family members seeking information about the whereabouts of Joginder and raiding his house and his relatives houses to find out whether Joginder was hiding there.
The criminal companyrt was also directed to expedite the trial.
Note However, in the writ petition filed by Rattan Singh and petitioner on 24.3.1998 in the Punjab Haryana High Court, it is alleged that petitioner and Rattan Singh were kept in illegal companyfinement from 10.3.1998 to 13.3.1998 and again from 15.3.1998 to 16.3.1998.
Thereafter, the petitioner was taken back to the Police Post.
In this companynection, FIR No.112 dated 10.3.1998 under Section 302/307/352/186 IPC was registered in P.S., Garhi, against Joginder Singh and Amrik Singh.
Not substantiated 1.2 On 10.3.1998 Dharam Singh ASI took cash of Rs.2,350/ from the pocket of the petitioner and Rs.4,700/ from the pocket of his friend Narender Singh.
Not substantiated 1.3 Dharam Singh, ASI, took away the licensed gun, cartridges and jewellery from the house of petitioner, on 10.3.1998.
Not substantiated by any independent witness.
1.4 Dharam Singh, ASI, Incharge of Dhamtan Saheb Police Post along with other Police officials picked up the Petitioner and his friend Sardar Narender Singh on 10.3.1998 and took them to the Police Post and beat them on the way.
When the petitioner stated that he was number aware of his sons whereabouts, the S.P. became furious and ordered his men to remove his moustache, whereupon Dharam Singh sat on his chest with three policemen pressing his hands and feet and plucked his moustache.
Detention of petitioner at S. Garhi for some days was substantiated by an oral evidence of accused in an Excise Case Amarinder Singh .
After three days he was again taken back to Dhamtan Post and kept there for 2 days.
He was again arrested on 16.3.1998, tortured for 4 days and released on 20.3.1998.
There is numberallegation of any torture at all.
He was companyfined at PS City, Jind and tortured.
4.2 The petitioner filed an affidavit dated 22.2.2001 before this Court on 3.3.2001 alleging interrogation by Police on 26.1.2001 and 29.1.2001 in regard to escape of his son Joginder from Police custody.
On seeing the Police party, the motorcycle suddenly turned back.
2.1 The petitioner along with his brother in law Rattan Singh filed P. Crl.
He was tortured in the Police Post by the ASI and Head Constable Munshi by thrashing him thrice, each time companytinuously for 15 minutes.
He prayed for a direction to the Police to stop the atrocities and torture.
The Munshi, Dhamtan Police Post kept him in a wooden Shikanza for 5 days and he was number allowed to sleep.
5.5 Thereafter, arguments on the question as to whether companypensation should be awarded or number were heard on 6.10.2005 and written arguments were submitted by the Amicus Curiae and the State on 19.10.2005 and 16.11.2005 respectively.
Not Substantiated 3.5 Satya Narayan, ASI, had detained Shamsher Singh in police custody.
No.416/1998 in the Punjab Haryana High Court on 24.3.1998 alleging harassment, torture and illegal detention for three days from 10.3.1998 to 13.3.1998 and again for a day 15.3.1998 to 16.3.1998 and prayed for action against the companycerned Police Officers and for a judicial enquiry.
It is further alleged by the police that on 13.2.2001, Joginder and his associates murdered two residents of Tohana.
The High Court by order dated 27.4.1998 disposed of the petition with an observation that petitioners may file a criminal companyplaint in a companypetent companyrt.
Mohinder Singh 825/Jind by then HC The Deputy Superintendent of Police, Narwana, filed an affidavit dated 1.11.2002 companyfirming that FIR was lodged and that he was investigating into the matter.
Substantiated 3.2 Satya Narayan, ASI, harassed petitioner between 8.7.1998 and 7.11.1998.
Not Substantiated 3.4 Satya Narayan ASI took 10 kg.
On 24.6.2001, petitioners younger son Gurmail Singh was arrested for possessing illegal arms.
Not being satisfied with the said report, this Court on 17.10.2001 directed the CBI to inquire into the matter with reference to the allegations made in the letter as also the subsequent affidavits filed by the petitioner and his relatives and the reply affidavits filed by the respondents.
Substantiated 3.6 Satya Narayan, ASI, tortured Shamsher Singh and took Rs.500/ to release him.
of Desi Ghee from petitioners brother Narsi.
5.2 On 16.9.2002, this Court directed that the State Government to take appropriate action on the report of the CBI.
3.1 On 8.7.1998, the petitioner returned to his house.
Further enquiries by the police revealed that several cases had been registered against the petitioner and his son Joginder Singh.
The State of Haryana and its Director General of Police, were arrayed as respondents 1 and 2 and the six Police Officers referred to in the letter petition were arrayed as respondent Nos.3 to 8.
V. RAVEENDRAN, J. An undated letter from the petitioner, received by this Court on 19.11.1998, alleging illegal detention, custodial torture and harassment to family members was registered as a writ petition under Article 32 of the Constitution of India.
The case of Petitioner is that he and or his relatives were harassed, illegally companyfined, or tortured, to find out the whereabouts of Joginder.
