CRIMINAL WRIT PETITIOIN NO.2886 OF 2011 :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

DATE OF DECISION: AUGUST 22, 2012

Manpreet Singh

.....Petitioner

VERSUS

State of Punjab and others

....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Mr. S.L.Chander Shekhar, Advocate,

for the petitioner.

Mr. B.B.S.Teji, Addl.A.G., Punjab,

for the State.

Ms. Ashima Randhawa, Advocate,

for respondent No.4.

Mr. Kartik Gupta, Advocate for

Mr. Vipul Aggarwal, Advocate,

for respondent Nos.6 and 7.

*****

RANJIT SINGH, J.

Through this petition, petitioner, Manpreet Singh, has

prayed for issuance of writ of habeas corpus for release of his grand

mother-respondent No.6, who statedly was kept in illegal

confinement at Police Station B Division, Amritsar. Prayer for

appointing Warrant Officer was also made. This Court, while issuing

notice of motion, also appointed Warrant Officer with a direction to

CRIMINAL WRIT PETITIOIN NO.2886 OF 2011 :{ 2 }:

search the detenue at Police Station B Division, Amritsar as well as

at any other place to be pointed out by the petitioner. The Warrant

Officer was directed to submit his report on the adjourned date. The

Warrant Officer accordingly searched for the alleged detenue and

found that detenue was present in the Police Station. The police

officials present at the Police Station did make an attempt to explain

her presence in a manner that she had come to enquire about an FIR

No.175, dated 28.12.2010, and that she was not required by the

police in any case. The Warrant Officer was also apprised that no

case has been registered against the detenue. The detenue, as per

the police officials, was free to leave the Police Station. The old lady,

aged 70 years, was accordingly permitted to leave the Police

Station.

When the case came up for hearing before this Court, a

Criminal Misc. Application was filed by the petitioner, which revealed

very disturbing state of affair. This was so noticed by the Court in its

order dated 5.1.2012. The relevant extract thereof is reproduced

below:-

“It is alleged that Manjit Kaur has been taken in custody

soon after the departure of Warrant Officer on 29.12.2011

itself. This is stated to be done at the behest of

respondent Nos.6 & 7. The Warrant Officer was informed

about the illegal detention of Manjit Kaur as soon it was

done. At that time, Warrant Officer had reached

somewhere near Kartarpur, Distt. Jalandhar. The Warrant

Officer was statedly informed that respondent Nos.4 & 5

CRIMINAL WRIT PETITIOIN NO.2886 OF 2011 :{ 3 }:

along with respondent Nos.6 & 7 had picked Manjit Kaur

along with the petitioner. It is alleged that Manjit Kaur,

who is 70 years old, is given merciless beatings. Both

Manjit Kaur and the petitioner were detained at the

unknown place and they were kept in illegal custody.

This was allegedly done to take revenge for filing habeas

corpus petition. Both the detenues were kept in a dark

room in this manner for a night without giving them food

etc. It is disclosed that to justify this illegal action, the

SHO(respondent No.4) has registered a false FIR on

29.12.2011 under Sections 447/511/34 IPC against Manjit

Kaur and petitioner-Manpreet Singh.”

Notice of this application was issued to the State counsel

and the other respondents to file response to the averments made in

the application. Respondent No.4, SHO, Police Station B Division,

Amritsar, was present in person before the Court. The S.H.O. was

asked to respond as his action prima-facie appeared motivated. He

He submitted through State counsel that after departure of Warrant

Officer, a report was received th