The judgment establishes the principle that in cases of illegal detention, the state is liable to pay compensation to the detenu and take disciplinary action against the responsible police officials.

Criminal Misc. No. 1153 of 2012.

1. Affidavit of petitioner is taken on record subject to all just exceptions.

2. C. M. stands allowed.

MAIN CASE.

3. Smt. Nirmala Devi has filed the present criminal writ petition under Articles 226/227 of the Constitution of India with the prayer to issue writ in the nature of habeas corpus with the directions to the respondent Nos. 1 to 3 to produce the detenu namely Deepak son of Basti Ram before this Court on the allegation that he is illegally detained in SIT Cell Sector 7 Sonepat.

4. It is alleged by the petitioner that she is mother of Deepak and Sandeep who were staying with her along with her husband. The husband of petitioner is not keeping well. In the early morning of 14.6.2012 at about

5. 00a. m., six persons (five in civil dress and one in police uniform ) came to their house and picked up her elder son Deepak forcibly and illegally. The petitioner inquired at her own level and found that police of SIT Sector 7, Sonepat has illegally detained her son Deepak. She along with her brother-in-law (Devar) went to SIT Cell and asked the police personnel that why they had picked up her son Deepak-detenu. She was ill-treated by the police personnel of the SIT Cell and they were not allowed to see her son.

5. On his application, warrant officer was appointed and he visited the spot. Shri V. K. Gupta, Warrant Officer has reported that on 20.6.2012 he along with petitioner and her relatives entered the premises of police station and knocked the main door. No one was on Sentry duty at that time. After opening the iron gate of boundary wall, he along with petitioner and her relatives entered the premises of police station and knocked the main door. MHC Mandeep opened the main door. He disclosed his identity and asked him for Roznamcha register. He told him that he is not aware about the Roznamcha. Incharge of the police station was not present at that time. Thereafter, the undersigned enquired from MHC Mandeep about the presence of detenu Deepak but he told him that no such person has been detained in the police station. On this, the undersigned along with petitioner and her relatives started searching the premises of police station by shouting the name of Deepak but no response was received. During search of premises, Roznamcha register was found in the room of Inspector Pardeep Kumar. He immediately took the Roznamcha register in his possession. They also found that one room adjoining to kitchen on one side and other side to toilet was found bolted from inside. He asked the MHC Mandeep to open the room. MHC Mandeep asked ASI Suresh who was present in the room to open the door but he did not open the door of the room. Thereafter, the undersigned asked ASI Suresh Kumar repeatedly to open the door of the room but all in vain. Rather he switched off the light of the room and as he overheard from outside he was talking with someone on mobile.

6. Inspector Pardeep Kumar-Incharge of the police station reached the premises and even on his calling room was not opened by the said ASI Suresh Kumar. Thereafter, some other police officials namely SI Subhash, SI Rajpal and Driver Constable Ranvir also reached there. Though it was dark, the undersigned noticed that some persons were moving outside the boundary wall of police premises. On his going back at the back side of the room, he saw that the aforesaid three police officials namely SI Subhash, SI Rajpal and Driver Constable Ranvir were standing at the back side of the room which was bolted from inside and not opened by ASI Suresh. After some time, the room was opened from the back side and two-three persons forcibly took detenu Deepak along with them who was recognized by the petitioner. The Warrant Officer also shouted stop stop but they immediately run away under the cover of darkness. The petitioner and her relatives also raised alarm by shouting the name of Deepak-Deepak but no response was received. The Warrant Officer also checked the Rozn