IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8744 of 2010. [O&M] Date of Decision: 7th October, 2010. Court on its own motion Petitioner through Mr. Baljinder Singh, Advocate Versus State of Punjab & Ors. Respondents through Mr. K.D.S.Sidhu, DAG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] A News-item highlighting the illegal detention of Mewa Khan – a Rickshaw Puller by the Police on 8.10.2009 being suspect involved in the theft of mid-day-meal, namely, milk and rice which was meant for the students of the Government Model School, Nabha and retention of the suspect in custody for 27 days till a fact finding inquiry held by the Station House Officer, Police Station, Kotwali Nabha found him innocent in the matter, prompted this Court to take suo-motu action vide order dated 13.05.2010, calling upon the State of Punjab and its Authorities to show cause as to why the victim be not suitably compensated for the affection of his personal liberty. The respondents have filed their reply/affidavit explaining as follows:- “4.Thereafter wife of Mewa Khan made representation to various police authorities as well as to Chairman, Punjab State Human Rights Commission, Chandigarh. It is submitted that Station House Officer, Police station Kotwali, Nabha found Mewa Khan innocent as he was taking the wheat of Government Model High School, Nabha for grinding. On 27.10.2009 discharge report were prepared by SHO and he was discharged by the court of Sub Divisional Judicial Magistrate, Nabha on 3.11.2009 and report in this regard was sent to Registrar, Punjab State Human Rights Commission, Chandigarh vide No. 6883/P dated 1.12.2009. 5. That after the completion of investigation challan against PTI Harpal Singh, Madam Anita Khullar and Mrs. Darshana Devi was prepared on 4.1.2009 and was under scrutiny of the prosecution branch. The representations given by all the four accused were received from various higher officers and were got enquired from Deputy Superintendent of Police [Detective], Patiala who after recording the statements and going through record came to the conclusion that wheat was sent from grinding to prepare Dalia and Atta for mid-day meals of students of Government Model School, Nabha and found PTI Harpal Singh, Mrs. Darshana Kumari, Madam Anita Khullar and Mewa Khan, to be innocent and recommended that cancellation report may be prepared and this report was approved by the Senior Superintendent of Police, Patiala. It is further submitted that cancellation report was prepared by the Station House Officer, Police Station, Nabha on 06.02.2010 and it was submitted for the SDJM, Nabha on 8.6.2010, now is pending”. In view of the admitted fact that Mewa Khan was taking the wheat of the Government Model High School, Nabha for grinding purposes to prepare Dalia and Atta for the mid-day mill of the students of that school and was falsely implicated, there can hardly be any legitimate resistance to the consequential fall-out, namely, the award of suitable compensation to the victim. Having regard to all the attending circumstances including the fact that there was no deliberate or intentional abrasion of duty and the action was apparently taken in 'public interest', though rashly and without ascertaining the facts and considering the factors like, loss of earning, mental and physical harassment and the agony caused to the victim and his family, I deem it appropriate to dispose of this writ petition with a direction to the respondents to pay a lump- sum compensation of `50,000/- to him within a period of one month from the date a certified copy of this order is received. Disposed of. Dasti. October 07, 2010. ( SURYA KANT ) dinesh JUDGE