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High Court Of Delhi
SHAHID KHAN @ MUNNA - Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) - Respondent
Decided On : 11/09/1998
CRIMINAL LAW - ILLEGAL CUSTODY - TORTURE - POLICE MISCONDUCT - INQUIRY - CANCELLATION OF FIR - QUASHING OF FIR - DAMAGES - CIVIL COURT REMEDY - PROXY LITIGATION - DEPARTMENTAL PROCEEDINGS - SUSPENSION OF POLICE OFFICER - POLICE REMAND - BAIL - MEDICAL EXAMINATION - JUDICIAL CUSTODY - TRIAL - CHARGE - CONVICTION - SENTENCE - WIRELESS LOG BOOK - DIARY - AFFIDAVIT - SOURCE OF INFORMATION - HIGH COURT RULES AND ORDER - FACTUAL DISPUTES - CIVIL COURT JURISDICTION - POLICE REMAND - BAIL - MEDICAL EXAMINATION - JUDICIAL CUSTODY - TRIAL - CHARGE - CONVICTION - SENTENCE - WIRELESS LOG BOOK - DIARY - AFFIDAVIT - SOURCE OF INFORMATION - HIGH COURT RULES AND ORDER - FACTUAL DISPUTES - CIVIL COURT JURISDICTION.
Fact of the Case:
The petitioner alleged illegal custody, torture, and extortion by the police from April 10, 1996, to April 16, 1996. He sought to quash FIR No. 112/96 registered at Police Station, Rohini, for an offense under Section 411 of the Indian Penal Code (IPC) and an independent inquiry into the incident.
Finding of the Court:
The court found that the petitioner's allegations were highly disputed and that the petition appeared to be a proxy litigation by SI Karan Singh, who was facing departmental proceedings for misconduct and remissness in the investigation of a burglary case. The court noted that FIR No. 112/96 had already been canceled, and the investigation in FIR No. 162/96, in which the petitioner was arrested, was complete, and the trial was in progress.
Issues: 1. Whether the petitioner was subjected to illegal custody and torture by the police. 2. Whether FIR No. 112/96 should be quashed. 3. Whether an independent inquiry should be ordered into the alleged incident. 4. Whether the petitioner can seek damages in a civil court for the alleged illegal confinement and torture.
Ratio Decidendi: 1. The court held that the petitioner's allegations were highly disputed and that the petition appeared to be a proxy litigation by SI Karan Singh, who was facing departmental proceedings for misconduct and remissness in the investigation of a burglary case. 2. The court noted that FIR No. 112/96 had already been canceled, and the investigation in FIR No. 162/96, in which the petitioner was arrested, was complete, and the trial was in progress. 3. The court held that it was not a fit case for quashing FIR No. 162/96 of Police Station, Shalimar Bagh, given the disputed questions of fact and the ongoing trial. 4. The court held that the petitioner could seek appropriate relief in a civil court regarding damages, if any, alleged to have been suffered by him regarding his alleged illegal confinement or alleged torture.
Final Decision: The court dismissed the petition, leaving it open to the petitioner to seek appropriate relief in a civil court regarding damages, if any, alleged to have been suffered by him regarding his alleged illegal confinement or alleged torture.
( 1 ) THE grievance, which the petitioner has made in this petition is about his alleged illegal custody and torture by the police from 10. 4. 1996 to 16. 4. 1996 during the said period with a consequential prayer to quash FIR No. 112/96 registered at Police Station, Rohini, Delhi for offence under Section 411 of the Indian Penal Code (for short "i. P. C. ") and to direct holding of an inquiry into the alleged incident by an independent Investigating Agency.
( 2 ) IT is alleged that on 10. 4. 1996 at about 5 p. m. the petitioner was taken by SI Rakesh Dahiya, In-charge Police Post to Police Post at Church Mission Road, Delhi and was told that Inspector Ved Pal Singh Rana, S. H. O. , Police Station, Shalimar Bagh was coming with his staff. On arrival, the petitioner was given ruthless beating by Shri R. A. Sanjeev, A. C. P. and Inspector Ved Pal Singh Rana. A ransom of Rs. l,00,000. 00 was demanded in case the petitioner wanted to be saved from the clutches of the police. In the meanwhile, a wireless message was flashed from Additional Commissioner of Police at about 10. 40 p. m. directing S. H. O. , Police Station, Shalimar Bagh to report to Shri V. K. Gupta, Additional Commissioner of Police, Northern Range at Police Station, Lahori Gate along with the petitioner after half an hour. At about 11 p. m. Inspector Ved Pal Singh Rana "along with the petitioner reached Police Station, Lahori Gate. The family members of the petitioner happened to see the petitioner at the Police Station, Lahori Gate inhandcuffs in the presence of ACP V. K. Gupta, ACP R. A. Sanjeev, Inspector S. Tomar and SI Ramesh Dahiya. At about 1. 30 a. m. on 11. 4. 1996 the petitioner was taken back to Police Station, Shalimar Bagh by SI Ved Pal Singh Rana. Again the petitioner was tortured for the said ransom money of Rs. l,00,000. 00.
( 3 ) IT is alleged that in the early hours of 11. 4. 1996 the family members of the petitioner went to Police Station, Lahori Gate to enquire about the petitioner. They were informed that police officers of Police Station, Shalimar Bagh had already taken back the petitioner during the intervening night of 10th and 11th April, 1996. On arrival of the family members at Police Station, Shalimar Bagh they were not permitted to meet the petitioner. They were driven away. Feeling helpless, the family members of the petitioner moved an application for bail in the Court of Shri Mahavir Shingal in which notice was directed to be issued to S. H. O. , Police Station, Shalimar Bagh. At about 6 p. m. S. H. O. , Police Station, Shalimar Bagh received information regarding bail application of the petitioner. The said application was marked to SI. Narain Singh under whose illegal custody, it is alleged that the petitioner was kept. At 6. 30 p. m. Inspector Ved Pal Singh Rana, S. H. O. contacted Smt. Ramo Devi @ Sethani at telephone and handed over the receiver to the petitioner so as to enable the petitioner to talk to her for the ransom money for release of the petitioner. The petitioner thereafter was taken in taxi along with SI Narain Singh and at about 8. 30 p. m. SI Narain Singh received a sum of Rs. 15,000. 00 from Smt. Ramo Devi as an instalment of the petitioner s release. Despite request by Smt. Ramo Devi, SI Narain Singh did not release the petitioner. The petitioner was brought back to Police Station, Shalimar Bagh and again handed over to Ved Pal Singh Rana, S. H. O. along with the ransom money of Rs. 15,000. 00 , which Narain Singh had taken from Smt. Ramo Devi. Again during the intervening night of 11th and 12th April, 1996 the petitibner was tortured by Inspector Ved Pal Singh Rana and a poisonous substance in liquid form was poured in the petitioner s mouth. On 12. 4. 1996 at about 12 noon SHO, Police Station, Shalimar Bagh filed his report in the Court of Shri Mahavir Shingal denying that the petitioner was in police custody.
( 4 ) THUS according to the petitioner, a false report was submitted to the Metropolitan
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