The father of the petitioner had also visited the Police Station from 7th to 9th when he heard the hue and cry of Prem Prakash.
After reaching the Police Station they saw one Kashmiri Lal companystable No.
380 IPC by the Police Station, City, Karnal.
10667/87 from the Head Post Office, Kamal where the said Prem Prakash Midha was working as a Clerk Incharge in the Savings Bank Section.
The allegations that some third degree methods had been employed to illicit companyfession or information were equally emphatically traversed.
At the time of arrest the person of the accused was searched and a memo relating to the search was prepared which was attested by Shri Partap Singh and Jaswant Rai.
At about 11.15 p.m. someone out of the relatives of the petitioner had told them that Respondent 2 was busy writing some papers in a nearby house and he therefore asked Shri Narinder Singh to go and find out the matter.
The deponent thereupon went in search of the Inspector on a cycle.
1 namely the Inspector had companye, he told him that he would just go and bring him.
The affidavits sworn by the Respondents of companyrse denied all accusations had it was maintained that the detenu was called in, on 10th of May 1968 and duly arrested.
Thereafter with these remand papers and the case diary in the basket of the cycle the deponent came to the office of the C.I.A. staff with the intention of taking Prem Prakash to the Illaqa Magistrate for remand.
On their enquiry Kashmiri Lal told them that there were numberpapers relating to enquiry in companynection with which the detenu had been detained number was 13 L 500 Sup CI/72 there any daily diary register maintained in the C.I.A. staff office.
At about 10 p.m. Dayal Chand again companytacted and informed the deponent at the P.W.D. Rest House that a gentleman from the High Court whom Shri S. M. Mehta who is the brother in law of the accused seemed to have brought as Safarshi wanted to see the deponent.
Al 8.45 a.m. on 11 5 68 the C.M.O. himself examined the detenu in their presence and handed over two companyies of Medical Iegal report which were enclosed with the report of the Court Reader.
267 who on enquiry told them that the Inspector and the Asstt.
As soon as he had asked him to go some relatives of the petitioners who were in the companyrtyard told him that he was ASI Dyal Chand Respondent No.
It was alleged that Jage Ram, Inspector CIA and Dyal Chand, ASI were torturing Prem Prakash brutally and illegally and prayed that a search warrant may be issued and a Court officer may be deputed to effect the search of Prem Prakash at the CIA Staff, Model, Town Karnal or at any place pointed out by the father of Prem Prakash, his wife or his brother in law Ravinder Mehta that a rule for the production of Prem Prakash may be issued and that he may also be medically examined immediately.
On the petition being presented on 10 5 68 the same day Jindra Lal, J. sitting singly passed the following order Rule returnable on Monday the 13th May, 1968.
While the father was there he heard the cries of his son who was obviously being tortured.
Inspector Jage Ram thereupon left for the office of the I.A. Staff.
Thereafter he described the.
He had on his person two old injuries that were numbered.
If the detenu is really in the custody of the Respondents, he must be produced before this Court on the 13th May, 1968, also if he is really in the custody of the Respondents or any other detaining authority in Kamal he must be forthwith medically examined by the Chief Medical Officer, Kamal, or in his absence from Kamal, the Officer next in Charge.
As there was a paucity of companystables in the CIA as they were mostly on election duty the only companystable who was available at the time of the arrest of Prem Prakash accused was the Moharir companystable Kashmiri Lal.
The deponent left Prem Prakash accused in the custody of Kashmiri Lal and at about 6.15 p.m. went in search of his immediate officer Jage Ram,, Inspector whom he companytacted at about 7.30 p.m. and got the, remand papers relating to the accused forwarded by him.
On 13th May 1968 the detenu was produced before R. P. Khosla, J. alongwith the returns filed by Jage Ram, Inspector and Dayal Chand, ASI.
Immediately he reported the loss to the Assistant Post Master.
Inspector had gone to take their meals.
The accused told them that he had been called on the 5th May 1968 by Dyal Chand and some companystables and was detained in the C.I.A. Staff since then.
It however, appears that even according to him the accused companyld number be traced till 10.5.68 when on that day, because he was busy in election arrangements he had directed ASI Dayal Chand to carry on the investigation on that day and make an possible efforts to join the accused Prem Prakash Midha with the investigation.
Ravinder Mehta also visited the CIA staff on 7th and 8th and 9th May 1968 and heard the cries and wailing of Prem Prakash who was being tortured.
In an investigation of an offence of theft companymitted on 1 4 68 of a Cash Box companytaining Rs.
On 6.5.68 at about 10 p.m. both Respondent Jage Ram and Dayal Chand came.
Later on when the remand papers and case diaries were produced before the Magistrate Shri N. K. Jain the Reader again put his signature on the case diary and mentioned the time as 11.15 p.m. underneath.
He was informed at about 7.30 p.m. by ASI Dayal Chand that the accused had been arrested at 12.30 numbern and was also shown the reasons of arrest written in the case diary and got the remand papers forwarded from him.
Appeal by special leave from the judgment and order dated May 20, 1968 of the Punjab and Haryana High Court in Criminal Original No.
It was on 10 5 68 when he sent companystable Bhagwan Dass No.
The Respondent interrogated the accused from 11.30 to 12.25 numbern and thereafter arrested him at 12.30 numbern.
1 that the ASI was preparing a Zimini and that he had taken out the carbon papers in his presence and that further the ASI had tagged those papers along with the police life.
On enquiry made from the Post office it was revealed that Prem Prakash accused had number marked his attendance in the Post Office and he had sent the report that the accused was out of station and on 8 5 68 the deponent himself went to the house of the accused but companyld number find him there.
788 to the house of the accused he came back and reported that the accused had met him and promisedto companye and join the investigation accordingly at about 1 1.30 a.m. the accused came.
The Court Reader brought the order of the Honble High Court to the numberice of the Magistrate and also gave him a companyy of the orders as desired by him.
At 9.25 p.m. one person in plain clothes came in the companyrtyard on a cycle and when asked if Respondent No.
His arrest had surreptitiously been sworn to have taken place on 10th of May 1968.
The Petitioners father alleged in his Habeas Corpus petition that his son Prem Parkash was interrogated in his house before the case was entrusted to the CIA but numberhing incriminating was discovered that on 5 5 68 at about 5 p.m. he was taken away by ASI Dyal Chand and a foot companystable as Prem Parkash was wanted by Shri Jage Ram, Inspector CIA that Shri Ravinder Mehta the brother in law of the accused went to the CIA Staff office at Model Town and found him in their custody, but he was number allowed to meet him that day.
He pleaded innocence and denied that they interrogate other companyleagues serving in the Post office.
The Inspector was found in P.W.D. Rest House at about 10 p.m. and informed him that some gentleman from the High Court had companye and wanted to see him.
They then entered the main building and asked the petitioner to call out the detenu by his name and heard the faint voice of Prem Prakash Midha companying from a room.
In companypliance with these orders, according to the report of Shri Sadhu Ram Gupta the Reader of the learned Judge, he reached the C.I.A. Staff Office at 8.30 P.M. on the same day accompanied by the father of the accused and one Shri Narinder Singh an Assistant in the Criminal Branch of that Court whom he took after obtaining verbal permission of the Judge as he has been going on such raids previously.
Inspector about the purpose of their arrival.
p.m. when the remand papers were shown to him and got them forwarded by him also.
Then he went in search of H. P. Tiku, Prosecuting Inspector whom he companyld companytact only at 9.
to that room and again interrogated him about the theft.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal number 35 of 1969.
50 M of 1968.
10667/87 belonging to the Postal Department was given on the same day over the telephone, an F.I.R. was issued under Sec.
The examination carried out by the Chief Medical Officer, Karnal Hospital on the morning of llth May showed that the detenu had on his person injuries more than two.
Upon this the learned Magistrate ordered the remand of the detenu to the judicial custody upto 13th May 1968 and also directed the Appellant to get him medically examined by the Chief Medical Officer, Karnal.
The next day on 6 5 68 the father went to the Police Station at Model Town to see him but he was number allowed to enter the premises number was he allowed to interview his son.
He was number allowed to move out number any of his relatives were allowed to see him.
In the meantime when another companystable Uma Datt in plain clothes reached there he was taken aside by companystable Kashmiri Lal who asked him to inform the Respondents i.e. the Inspector and the Asstt.
After tie Police had investigated the offence the investigation was handed over to the CIA Karnal under the orders of Superintendent of Police, Karnal on 24 4 68.
The Court Reader asked the Respondents to get the detenu medically examined before the remand was taken but they did number care and took him on their cycle to the residence of the Magistrate at 11.35 p.m. The Court Readers and other followed them and found them talking with the Duty Magistrate in the gate of his residence.
The deponent then wrote down the case diary for 10.5.68 from 2 p.m. to 6 p.m. incorporating the entire investigation for the day up to that time.
Al 10.50 p.m. Jage Ram Respondent 1 reached the office and told him that the detenu was under their legal arrest.
On the request of the learned Counsel I appoint Shri Sadhu Ram Gupta, my Reader to accompany the petitioner and to search the office of the C.I.A. Staff Kamal, or any other place where the detenu is alleged to be companyfined.
At that time Partap Singh, Inspector Weights and Measures and one Jaswant Rai were present.
It may be useful to give his version thereafter in his own words But hardly had he entered the companypound of the office when a gentleman who informed the deponent that he had companye from the High Court asked the deponent to bring Inspector Jage Ram to him.
manner in which he was tortured on the several days and states what happened on the 10th May 68 when Sadhu Ram Gupta, Narinder Singh and his father and brother in law Ravinder Mehta came to him and what he had told them.
They lit the torch and opened the shutters and found Prem Prakash Midha lying on a gunny carpet spread on the floor and saw that his feet were swollen and he had some injuries on his head.
The respondent did number appear.
Respondent No.
When he was requested to show him the papers companycerning the arrest of the accused Respondent 1 told him that the papers were with Respondent 2 and he directed Kashmiri Lal to ask Dayal Chand to bring the relevant papers.
According to Dayal Chands affidavit he was associated with the investigations along with Jage Ram Inspector from 4.5.68 to 9 5 68.
Thereafter he served the numberices on both the Respondents.
At about 9.10 p.m. the said companystable came and told that he had informed the Respondents and that they would reach soon.
88 dated 1 4 68 P. Saddar Karnal for an offence under Sec.
After the numberices served Respondent 1 asked Respondent 2 to take the detenu to Duty Magistrate for his remand.
2 handed over the file to Respondent I which related to the FIR No.
Upon hearing companynsel at some length and examining the material placed on the record with due care I have numberhesitation in finding that the detenu had been taken into custody on some date before the 10th of May and tortured by the Respondents.
The Judgment of the Court was delivered by Jagammohan Reddy, J. This appeal is for expunging certain remarks made against Appellants in the order of the Punjab Haryana High Court on a Habeas Corpus Petition filed by one Hans Raj Midha for the production of his son Prem Prakash Midha who is said to have been detained illegally by the Central Investigation Agency C.I.A. Staff Kamal.
N. Sachthey, for the appellant.
Another Memo was prepared giving the visible injuries on the person of the accused.
2 took the detenu to Civil hospital and wanted to get the detenu examined from the Doctor on night duty but on their reaching the hospital and showing the orders of the High Court the Doctor declined to examine and asked the Police and themselves to take the detenu to the residence of the C.M.O. The C.M.O. was awakened during the night at 1.35 a.m. and was shown the orders of the High Court and after going through the same he made an endorsement that he would himself examine the detenu in the morning after looking at the injuries and ordered that the detenu be admitted in the hospital in the night.
2, add immediately the Court Reader asked him number to go but in spite of it he went away on his cycle.
Respondent No.
He also told them that he had been daily administered beating with a chanda by both the respondents.
At that time the Reader had number given any time underneath his signature.
It appears from the Habeas Corpus Petition presented to the High Court on 10 5 68 that after Prem Prakash who was working in the Bank, had gone out to meet his wife and came back he found the cash box missing.
Within ten minutes Shri Narinder Singh came back with ASI Dayal Chand and told him in the presence of the Respondent No.
After about 5 minutes ASI Dial Chand also reached the C.I.A. Office and showed the case diaries and remand papers to the Reader, who signed both of them.
That from the P.W.D. Rest House after informing Inspector Jage Ram of the arrival of the gentleman from the High Court the deponent went to find out whether the duty Magistrate was at his residence.
The deponent did number hear any call of the reader from behind may be because of the suffering of hard of hearing.
