Crl. Writ Petition No.829 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Crl. Writ Petition No.829 of 2013 (O&M)

Date of Decision: 18.04.2013

Gursewak Singh & others

...... Petitioners

Versus

State of Punjab & others ...... Respondents

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CORAM : HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present :

Mr. Gurvinder Singh Sidhu, Advocate

for the petitioners.

Mr. Gazi Mohd. Umair, DAG, Punjab

for the respondents.

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Amol Rattan Singh, J (Oral)

This petition was filed, seeking a writ of habeas corpus for

releasing 21 persons, mentioned in the prayer clause of the petition from the

alleged illegal custody of respondents No.3 to 8, i.e. the functionaries of the

State, who had been arrested invoking provisions of Sections 107/151

Cr.P.C. on 11.04.2013.

On the 12^th April, 2013, the Bench then seized of the matter had

directed nomination of a Warrant Officer, who would determine as to whether

the persons mentioned were actually in illegal custody or otherwise. As per

the Warrant Officer’s report dated 15.04.2013, he had reached the Police

Station Talwandi Sabo, Bathinda, on 12.04.2013 itself and had disclosed his

identity to the Moharrer Head Constable present there, along with purpose of

his visit. He was handed over the Roznamcha (daily diary) and, as such,

proceeded upon inquiry into the whereabouts of the 21 alleged detenues.

Crl. Writ Petition No.829 of 2013 (O&M)

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The said detenues were found to be in judicial custody, upon remand thereto

by the Naib Tehsildar-cum-Executive Magistrate, after their arrest, invoking

Sections 107/151 Cr.P.C. The alleged detention was not found to be illegal

by the Warrant Officer.

On 15.04.2013, learned counsel for the petitioner had submitted

that the persons so detained were not being released, despite the fact that

they had submitted sureties for securing of their release, as required under

Section 107 Cr.P.C. The personal bonds asked from them were stated to be

of too high an amount (for a sum of Rs.20,000/- each).

The SDM, Talwandi Sabo, was present in Court on 15.04.2013,

and stated that only 7 persons detained had applied for release and their

sureties too, could not be verified despite his best efforts. Thereupon,

counsel for the petitioners had submitted that he would place on record all

documents submitted in support of surety of each person, as had been

submitted by them to secure their release. The District Magistrate, Bathinda,

was also directed to file his personal affidavit on the issue and to be present

in Court.

Pursuant to that order, Shri Kamal Kishor Yadav, Deputy

Commissioner-cum District Magistrate, Bathinda, is present in Court and has

submitted his affidavit detailing the circumstances under which the

21 persons named in the petition had been arrested, two days before

Baisakhi, on apprehension of breach of peace, on account of some dispute

with regard to grant of space for the common kitchen/langer. As per the

affidavit, the detenues were booked under Sections 107/151 Cr.P.C. on

11.04.2013 and were produced before the Executive Magistrate, Talwandi

Sabo, after notices under Section 111 Cr.P.C. were served upon them,

which they refused to sign. Again, as per the affidavit, none of them had

Crl. Writ Petition No.829 of 2013 (O&M)

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furnished personal bonds or sureties at the time of their arrest and hence

they were remanded to judicial custody on 11.04.2013 itself. Thereafter, on

13.04.2013, 7 out of 21 detenues furnished their surety bonds before the

Executive Magistrate, along with some unattested copies of documents

supporting such surety bonds, which were required to be verified. One of

such documents was the purported registration copy of a car bearing

No.DL1CF-2632 which, as per the affidavit, is a forged and fabricated

document.

The affi