IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17938 of 2007 Date of Decision: 16.01.2009 Gurmukh Singh Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Viney Puri, Advocate for Mr.D.K.Bhatti, Advocate for the petitioner Ms.Madhu Dayal, Addl.A.G. Punjab Mr.Ashok Singla, Advocate Mr.Harkanwaljit Singh, Advocate Jasbir Singh, J. Petitioner claims that he is a political worker and is working for the upliftment of Dalits and other socially down trodden people in the area. In this writ petition, the petitioner has stated that he saw a news item on the T.V. Channel run by respondent No.10, in which, it was stated that Charan Singh, Patwari, posted in village Patran, had sought sexual favour from a lady, for issuance to her, a Fard Jamabandi. Petitioner also stated that the news item further showed that the above named person was humiliated publically by the police officials and dragged to the police station. Perturbed by inhuman treatment given to said Charan Singh, who belongs to a Scheduled Caste (Ramdasia), the petitioner met him and sought his explanation for his misbehaviour with respondent No.8. As narrated by Charan Singh, Patwari, it was a false case fastened upon him and respondent Nos.9, 4 and 8 were party to the attempt to get him falsely implicated, in a criminal case. In this writ petition, it was averred that by publically abusing and beating Charan Singh, the police officials have committed violation of Civil Writ Petition No.17938 of 2007 the instructions issued by the Hon’ble Supreme Court in D.K.Basu v. State of West Bengal, AIR 1997 Supreme Court 610, wherein their Lordships of the Hon’ble Supreme Court have opined that those arrested enjoy protection of Article 21 of the Constitution of India. During interrogation, use of third degree methods was prohibited vide the judgment, referred to above. Petitioner further stated that action of the police officials openly humiliating above said Charan Singh was not justified. By stating as above, a prayer has been made that the legal action be initiated against respondent Nos.4 to 10 for falsely implicating Charan Singh in a criminal case and also for humiliating and insulting him in public by beating him in the street and dragging him to the police station. Further prayer has been made that Charan Singh be compensated for insult and injury caused to him by the police officials. To support his contention, the petitioner has put on record photographs and a C.D. (Video), containing recording of the incident. When writ petition came up for hearing before this Court on 28.11.2007, following order was passed:- “Limited to the averments made in the Writ Petition that Charan Singh was humiliated and insulted in public by beating in the street and for this purpose media specially respondent No.10 was called and news was flashed in the whole of India, notice of motion be issued to respondents for 19.3.2008. We make it clear that notice of motion is not being issued with regard to other averments made in the writ petition.” In response to notice, reply has been filed on behalf of respondent Nos.1 to 3 through Sukhdev Singh Virk, Deputy Superintendent of Police, Patran. Respondent No.4 has filed a separate reply. Separate 2 Civil Writ Petition No.17938 of 2007 counters have also been filed by respondent Nos.8 and 9. In replies by the respondents, it has been stated that the allegations levelled by the petitioner were false, in fact, on 15.9.2007, on a complaint made by respondent No.8, an FIR No.194 under Section 354/294 IPC was recorded against Charan Singh, Patwari for misbehaving with the above said complainant. Copy of the FIR has been placed on record as Annexure R-1 with reply filed by respondent Nos.1 to 3. Assertions made by the petitioner regarding abusing and beating up of Charan Singh were denied. It was further stated that after investigation, final report has been put in Court against Charan Singh, for trial, which is going on before the competent Court. Respondent Nos.8 and 9, in their replies, have specifically stated that the petitioner is a close friend of Charan Singh, Patwari and he has filed this writ petition with a view to put pressure on the police officials, the complainant and the witnesses. It was further averred that after registration of an FIR against above named person, the petitioner tried to pressurize the complainant to effect a compromise with Charan Singh Patwari, when failed, he has came to this Court. Prayer has been made to dismiss this writ petition. Counsel for the parties heard. There is a dispute on facts. It was asserted by counsel for the petitioner that Charan Singh was abused and beaten up by the police officials, in the street, with a view to humiliating him before the general public. That assertion has been denied by the respondents in their replies. They have rather asserted that this writ petition is not in public interest. The petitioner being a close friend of Charan Singh, Patwari, against whom a criminal case is pending, has filed this writ petition to put pressure on the police officials and the witnesses so that they may not depose in Court against above said accused. 3 Civil Writ Petition No.17938 of 2007 We have perused the photographs placed on record and have also seen the Video C.D. in our Chamber and are tentatively satisfied that at the time of arrest, said Charan Singh was given some physical thrashing by the police officials. Whether or not use of force against above said Charan Singh was justified is a matter that can be enquired into by authority at the appropriate level. We accordingly dispose of the writ petition and direct Senior Superintendent of Police, Patiala, to look into the matter and take appropriate action after verifying the facts, if he comes to the conclusion that any such action is warranted under law against the police officer concerned. We make it clear that this order shall in no way influence the on going criminal case against Charan Singh. The needful shall be done within three months from the date of receipt of a copy of this order. No costs. (JASBIR SINGH) JUDGE 16.01.2009 (T.S.THAKUR) gk CHIEF JUSTICE 4