Police abuses power leading to false arrests violate fundamental rights conferred under Article 21 of the Constitution.

1. On September 23, 1986, Padam Dev and Ishwar Lal addressed a written complaint to one of us (Hon'ble the Chief Justice) whereby they alleged certain acts of harassment and high - handedness committed by the police personnel, namely, Girdhari Lal; A.S.I., Surinder Kumar and Hem Raj, constables against them. Having taken into consideration all the material facts and circumstances of the case, the letter was registered as a writ petition.

2. Shri Ishwar Lal, one of the petitioners, has been running a tailoring shop in Jungabazar for the last 15 to 20 years and was also having a residential house near his shop where he has been living with his family members all these years. The other complainant, Padam Dev, was working with him in the tailoring shop in August 1986. Respondent Girdhari Lal, at the relevant time was posted as A.S.I. In - charge, Police Post, Junga, while the other two respondents, Surinder Kumar and Hem Raj were serving as constables in the said police post under him. According to the petitioners, the respondent police officials have adopted a hostile posture towards the petitioners and that through abuse of their official position, they have committed such acts of misfeasance and malfeasance against the complainants as to make their lives highly insecure and thus miserable. These acts are described as under : -
1) On August 1, 1986, said Hem Raj and Surinder Kumar constables came to the shop of Ishwar Lal and dragged the petitioner Padam Dev to the police post where he was given severe beatings and under this torture he was made to sign a document which contained the allegations making out a criminal case against lshwar Lal and thereafter Padam Dev was made to disappear from Junga. Ishwar Lal was then summoned to the police post and was told that said Padam Dev had got a criminal case registered against him and when Ishwar Lal denied having committed any criminal act he was threatened and abused in filthy language by the two constables and thereafter the two constables also visited the residential house of Ishwar Lal and threatened his wife and children. Then on apprehending insecurity for himself and the members of his family, Ishwar Lal made a complaint in writing to the Inspector General of Police, Shimla, on August 7, 1986 requesting that security be provided for his life and property so that he could run his shop and also that action been taken against the respondents constables.
2) On September 10, 1986, at about 10 a.m. the said two constables again came to the shop of Iswhar Lal, caught hold of Padam Dev and dragged him to the police post by catching him by the neck and in the police post he was handcuffed and taken to a doctor in the civil hospital at Junga for medical examination. Although on this medical
examination, petitioner Padam Dev was found to be normal as per the medical certificate, yet he was again brought to the police post at Junga, a search was made of his person and the respondents recovered one match box, one bundle of biris and Rs. 350/- in cash from said Padam dev but no search Memo in this behalf was prepared nor any note in respect of these articles was made anywhere. He was kept confined in the police post throughout the night in handcuffs and was released next morning at 8 a.m. but the aforesaid articles recovered from him including the cash, were not returned to him and were misappropriated by the respondents.

3. Out of the three respondents, respondent No. 4 Girdhari Lal, A.S.I., and Hem Raj constable resp