Judgement

P. JAGANMOHAN REDDY, J.:- This appeal is for expunging certain remarks made against Appellants in the order of the Punjab and 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 Karnal. In an investigation of an offence of theft committed on 1-4-68 of a Cash Box containing Rupees 10667/87 from the Head Post Office. Karnal where the said Prem Prakash Midha was working as a Clerk Incharge in the Savings Bank Section. 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. Immediately he reported the loss to the Assistant Post Master. It also appears from the affidavit filed on the return made by the appellant Jage Ram that a report of the theft of Rupees 10667/87 belonging to the Postal Department was given on the same day over the telephone, an F. I. R. was issued under Section 380, Indian Penal Code by the Police Station, City, Karnal. After the City 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 petitioner s father alleged in his Habeas Corpus petition that his son Prem Prakash was interrogated in his house before the case was entrusted to the CIA but nothing incriminating was discovered; that on 5-5-68 at about 5 p.m. he was taken away by ASI Dyal Chand and a foot constable as Prem Prakash 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 not allowed to meet him that day. The next day on 6-5-68 the father went to the Police Station at Model Town to see him but he was not allowed to enter the premises nor was he allowed to interview his son. While the father was there he heard the cries of his son who was obviously being tortured. 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. 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. It was alleged that Jage Ram, Inspector CIA and Dyan Chand, ASI were torturing Prem Prakash brutally and illegally 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. 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, Karnal, or any other place where the detenu is alleged to be confined. 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 Karnal he must be forthwith medically examined by the Chief Medical Officer, Karnal, or in his absence from Karnal, the Officer next in Charge."

2. In compliance 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 the Court whom he took after obtaining verbal permission of th