The main legal point established in the judgment is that while police interference in the execution of court orders may be done in good faith for maintaining law and order, it should be in accordance with the procedures prescribed by law, and any criminal force exercised for execution of an order of ejectment is not permissible.

GURVINDER SINGH GILL, J.

1. The above mentioned two appeals, challenging the same order i.e. order dated 17.7.2014 passed by a Single Bench of this Court in CRWP No. 834 of 2013 titled as Balwant Singh vs. State of Punjab, shall stand disposed off vide this judgement. Vide impugned order, the learned Single Bench, apart from ordering registration of FIR against SHO Sukhwinder Singh and ASI Avtar Singh, also directed that the matter be placed before Hon'ble the Chief Justice for seeking appropriate orders for initiating contempt proceedings.

2. The facts leading to passing of the impugned order are that learned Rent Controller, Hoshiarpur in Ejectment Petition titled as Gurwinder Singh vs. Mohan Lal ordered ejectment of tenant Mohan Lal vide order dated 23.12.2006. The said order was upheld by the Appellate Court vide judgment dated 27.2.2013 and thereafter warrants of possession were issued by the learned Rent Controller in an execution application filed by the landlord.

3. On 9.4.2013, the Bailiff Dev Raj along with two officials visited the premises for execution of warrants of possession and for delivery of physical possession of the premises to landlord Gurwinder Singh. While the Bailiff was in process of getting the premises vacated, he was obstructed by police officials. The decree holder (through his father Balwant Singh) immediately made a written complaint to Rent Controller, Hoshiarpur, on 9.4.2013 itself, who inquired into the matter and vide report dated 2.9.2013 held that SHO Sukhwinder Singh and ASI Avtar Singh had caused hinderance in execution of Court orders. The said report was forwarded by learned District & Sessions Judge, Hoshiarpur to the Registrar (Vigilance), Punjab and Haryana High Court.

4. The decree holder, through his father Balwant Singh, apart from submitting aforesaid written complaint to Rent Controller on 9.4.2013 had also sent telegram addressed to the Hon'ble Chief Justice on 10.4.2013 intimating about the intervention of police officials in the process of execution proceedings. Pursuant to receipt of said telegram, the matter was treated as a Criminal Writ Petition and a Single Bench of this Court after examining the matter, apart from issuing directions for lodging FIR against SHO Sukhwinder Singh and ASI Avtar Singh also directed that the matter be put up before Hon'ble the Chief Justice for seeking appropriate orders for initiating contempt proceedings against police officials. Accordingly, the matter was placed before Hon'ble the Chief Justice and vide order dated 4.9.2014, contempt proceedings were ordered to be initiated in the matter.

5. During the course of proceedings of the Criminal Writ Petition, the SSP Hoshiarpur filed his affidavit dated 1.5.2013 wherein the action of SHO, Police Station City Hoshiarpur was sought to be justified on the ground that the situation near the premises in question i.e. in Shashtri Market was getting tense as a large number of persons had gathered there when the articles were being thrown out from the shop and the traffic was blocked and that since both the parties were aggressive and the ladies present there were complaining of misbehavior and manhandling, therefore, the parties were brought to the police station, especially on account of complaint of the public that the Bailiffs had been misbehaving with the ladies under the influence of liquor and that they should be got medico-legally examined.

6. The learned Single Bench, in impugned order, while noticing the aforesaid affidavit and also report dated 2.9.2013 of learned ACJM, Hoshiarpur in respect of the inquiry conducted into the matter, observed as follows :-

“Assuming that the SHO of the Police Station City received the information that situation at the spot was getting tense, he had no business to seize the warrants of possession from the Bailiffs or take them to the police station and further subject them to medico legal examination. The version that the Bailiffs misbehaved with the ladi