233 1 1 1 HIGHCOURTOFPUNJABANDHARYANAATCHANDIGARH 88t CWPNoe821 of2011 OMl Date ofDecision2 88 Court on its own motion Petitioner e State ofHaryana8r Ors Respondents 88818 1 0 CORAM HONBLE MR JUSTICERANJAN GOGOLCHIEF JUSTICE HONBLE MRJUSTICE SURYA KANT 0 4t888 C40 1eWhether Reportersof local papers may be allowed to see thejudgment9 2 To be referredto the Reportersor not9 I 3e Whether thejudgmentshould be reportedin the Digest9 40 Ht S 8 81 I Presentl Mr GS Attariwala AdvocatAmicus Curiael for the petitioner Z Mr Anil Rathee Addl AG Haryana 88418 tr I SURYA KANT J r Z 1 A complaintdated 04012011 addressed to the Chief 00 Justice of PunjabcCrHaryanaHigh Court at Chandigarhby three 7 women and a mlnor child allegingcommlsslOIl of rape on two of the Z robbingthem of their silver ornaments etc as Qu well as physicaltorture ofthe minor child at the hands ofthe SHO and other policeoflicials of Police Station Baldev Nagar Ambala City led to suo motu initiation of these under Article 226 of the Constitution in publicinterest 629 While issuingnotice to the State of Haryanathroughits Home Departmentthe of Police Ambala and the policeofYicials againstwhom allegations were made this Court vide order d8ted January 17 2011 also directed the of P Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 234 PN0210f2011 2 1 Police of Ambala to make an inquirylnto the allegations letter on the basis of which this Public Interest Litigationhas been and to submit a reportto this Court within aperiodof7 days fromtoday He will also informthe Court the names of such officials who may have beenfoundto be inuolved in the incident mentioned ln the letter addressed to the ChiefJustice 33 W 31 Since the purportedcomplianceof the aboveeproduced 0 0 directions by the of Police Ambala was somewhat C5 perfilnctoryand devoid of any reference to the steps taken for I ascertainingthe veracity of the IeveIed by the Z complainants or the identification of the policeofflcials allegedto be tr involved this Court vide order dated January24 2011 rejectedthe I same and directed the of Police bala to remaln L0 Z presenton the adjourned date CO 64 The of Police Ambala did appear on 7 27Ol2011 and informed that the allegationscontained 111 the Z Cw complaintdated 04012011 were found to be false inter alia for the reasons that 6il the allegedvictims did not come present to his offlce to offer any statement in supportofthe incident complained ofe il the medical reportsdid not substantiate the allegations with regardto the pregnancyand termination thereof and iil there 1 were certain in the statements of the allegedvictims recorded by the Chief Judicial MagistrateAmbala under Section 17649 CrPC VlSea uisthe allegations mentioned in the complaintdated 0402011 Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 235 3 PN0210f2011 65 Havingregardto the nature and gravityof accusation madeagainsthe policepersonnelby the womenfolk who are migrant labourers andbelongto a tribal communityof Rajasthanthis Court videorder dated 27Ol2011 declined to accede to the reasons cited by the of Police Ambala for discardingthe complaint dated04012011 and rather impressed upon him to interact with the j L allegedvictims and reportto us whatever may transpirein the said 0 0 The of Police Ambala was also reminded Z C5 of the fact that while interactingwith the victims he oughtto be I guidedbythe spiritofhumane touch that is necessary to be dispIayed Z in such matters and he will act for and on behalfofthe Court 0 6690 Pursuant thereto the of Police Ambala I flled the status report by way of his affldavit dated January 30131 Z 2011 explainingthat he alongwith Smt Sonia Sabharwal Protection r Offlcer and Incharge SpecialCell for Women and Children Ambala 7 Smt Suman Mehra Woman Police Warden and a lady Constable Z visited the temporary residence of the complainants near the new Grain Market Ambala City and he was able to interact with the who told him that the policeofflcials forciblytook them from the RailwayStation to the Police Post Baldev Nagar and gave C them sound beatings Two ofthe ladycomplainantsalso told that the policeofEcials had committed wrongfulacts with them and that their male members are put lIl jail and they want to teach the police a lesson One of the complainant reiterated that due to the wrong acts Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 236 PNoS21of201i 4 v7 r committed on her she became pregnant and her was terminated after seven days However the complainants failed to disclose the name6slof the policeofTiciaIsJwho had committedthe allegedwrongacts The also refused to give any statement in writingdespitesincere efTortmade by the deponent The affldavit further mentions that the of Police Ambala e Ct was againable to establish contact with the complainantsthrough 0 0 their counsel and this time the complainants while reiteratingtheir I C5 version givenin the complaintgot recorded their statements also 111 I the presence of their counseI The of PoIice Ambala Z 81rtherpointedout that the policeofflcials have specicallydenied the maintainingthat while they were ln policecustodythe I were always by the ladypoliceConstables t0 Z 71 Since the of Police Ambala had earlier Cll pointedout that an enquiryunder Section 17661A9CrPC was being 7 conductedby the ChiefJudicial MagistrateAmbala the Snal report of Z tl which was still awaited the matter was further adjourned to await the reportof the learned Chief Judicial Magistratebesides requestingSh GS Attariwala Advocate to assist the Court as amicus curiae 8 The learned District 8 Sessions Judge Ambala vide his 1 memo dated 14022011 has forwarded the enquiry report dated 11022011 submitted by the ChiefJudicial MagistrateAmbala on the basis of the held under Section 176b9 CrlOC The enquiry reportis restricted to the allegationof rape only allegedto Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 237 PN0210f2011 5 yJ 4 havebeen committedon the women complainantsThe revealsthat besides the statements of the three complainantsthe Chief Judicial Magistratealso got the statements of poIiceofcials of Police Station Baldev Nagar recorded includingthat of the lady Constables namely Beant Kaur Anuradha and Babywho remained postedat the Police Station Baldev Nagar duringthe investigation of FIR No712010 The ChiefJudicial Magistratehas also recorded the 0 0 statement of Dr Veenu MD Medical Offlcer Civil I 40 HospitalAmbala who was the senlor member of the Medical Board constitutedfor the medical examination ofthe He has Z also taken on record the version of the police officials of the C GovernmentRailway policebesides the statements of i Rupo wlo I Prem Singhrlo Sangrur 6iil Amajit Kaur wlo Pavitter Singhrlo C Z Barara iiiORekha wlo KuldeepSinghrlo Ambala Cantt who were the 0 undermtrialprisonersand remained lodgedin the Central Jail Ambala e7 alongwith the complainants Z 091 Beforeadvertingto the contents and the concIusions ofthe reportsubmitted by the learned ChiefJudicial MagistrateAmbala we also deem it appropriateto take notice of the policeverSlOO according to which an information was received on 06092010 ln the Police Station Baldev Nagar that a dacoityhad taken placein the house of YogeshPathak rlo HNo7 Nand Vihar Ambala City and in relation theretoFIR No277 dated 06092010 under Section 395 IPC was The SHO of the said policestation received a secret Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 238 PN0S210f2011 m6 1 informationon 12092010 to the effect that some personsrmedwith deadlyweapons were planningto commit dacoityin the area of his policestation A raiding party raided the disclosed place and the suspects namelyRumal Ram SarupKajor Rattan Singh Bodhia thoughsome other accusedsucceededln escaplng under cover of darkness Some deadlyweapons were also allegedly recoveredfrom their possession one more case FIR 0 0 No283dated 12092010 under Sections 399 402 IPC and 25154159of C5 the Arms Act was registeredagainst these suspects The Police I Offlcer to whom the investigation ofthe case was entrusted took nine Z dayspoliceremand of the arrested suspectsand it was duringthe 2 course of investigationthat he also arrested the three womene on 142010 on the basis of disclosure statements t Z made bytheir husbands andlor the brother of the husband of one of OO them The suspectsare said to have disclosed their involvement in the dacoitywhich led to the registrationof FIR No277 dated 06092010 Z tl and some currency notes out of the robbed propertyof the said FIR were recoveredfrom the three on the basis of their respectivedisclosure statements The juvenilesuspect w as also arrested on 15092010 on the basis of the disclosure statement of his mother All the accused were thereafter got in the Civil Hospital Ambala City and then producedin the Court of Area Magistrate on 15092010 Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 239 WPN0210f2011 7 U 6101 The allegationsof rape robbingthe or commitingother atrocities surfaced againstthe policeofScials only after the womenaccused and theirjuvenileassociate stood released on bail 11 On a perusalof the reportdated 11022011 submitted by learned Chief Judicial MagistrateAmbala we 8nd that on his 1 0 request the Chief Medical Of8cer Ambala constituted a Medical 0 0 Board on 20012011 headed by Dr Veenu and the complainants were 0 examined on the same day Since one ofthe complainants had alleged miscarriage about 34 daysback the Medical Board recommended for Z her ultrasound examination and she was taken to the Civil Hospital C Panchkula on 21Ol2011 The medical board opinedthat the uterus of I all the three complainants were normal in size neither any orasions Z nor any external visible signof injurywere found on the person of the m the unne pregnancy test also turned out to be negative 3 and the ultrasonography was found to be normal in size and no signof Z Qm gestation or retained products were seen lIl the uterus cavity It was concluded on this premise that there was no abortion three daysback as stated byone ofthe complainants 612 The report reveals that Dr Veenu Senior Member of the Medical Board also clarifled that the slight bleedingfound on examination of one of the complainantswho had allegedmiscarriage wason account of the menstrual bIood since the medical reports had ruled out the possibilityof any or abortion The Chief Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 240 WPN821of2011 8 J e a Judicial Magistratealso visited the CentraI Jail Oll 0722011 and had conversation with the women and the undertrial prisonerswho were lodgedalongwith the complainants in the women cell of the jail It was revealed that the complainants were totally silent for a few dayswhen theywere broughtto the jail and it was after about two month that theystarted makingsuch allegations 1 131 After noticingthat the complainantswhile ln police 0 0 custodywere conflned to a room of the policestation where lady I C5 constables Beant Kaur and Anuradha took turns lIl keepinga watch upon them duringthe night the learned Chief JudiciaI Magistrate Z Ambala has concluded as follows C The Senior Medical Ofcer has positiuelyruled out the I pregnancy and miscarriageof complainantSanti wlo C0 Z Rumal in the recent past The allegationsmade by the Qo complainantsregardingrapeare neither substantiated W2 nor corroborated from medical evidence The Z Om complainants are also married The historyalso dates back to more than four months Apart from the statements made by the complainantsthe allegations made bythe complainants with regardto rape while ln policecustodyon 14092010 and 15092010 and the 1 allegedCOncewement and miscarrtageof Santi wlo Rumal could not be substantiated So far as other allegationsmade by the complainants in the complaint Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 241 WPN8210f2011 9 1 4 e are concerned theyare requiredto be thepoliceat its own end 33 6149 We have heard the learned amlcus curlae and the State counsel at some lengthand have gone throughmore than one status cumenqulry reportssubmitted by the of Police Ambala as well as the enquiryreport dated 11022011 of the learned 1 ir Chief Judicial MagistrateAmbala The learned amlcus curlae 0 0 strenuouslyurged that even if the allegationspertainingto the I t5 commlsSlOll of rape on the complainants have goneunsubstantiated nonetheless the other senous allegationsof robberyand physical Z torture caused to the juvenileat the hands of the policeauthorities calls for an impartialand fair investigationunder the command and 41 I supervlSlOIl of this Court in exercise of its PIL jurisdiction t Z 615 After giving our thoughtfulconsideration to various 11 aspectsof the matter we are not inclined to go beyondthe present 7 stage nor do we flnd it a flt case to issue further directions 111 the Z ll exerclse of prerogative writ jurisdiction When two sets of enquiries 1e one held by a senlor policeofficer and the other by the learned Chief Judicial Magistratehave belied at least pnma facie the most senous allegationsof custodial rape we reluctantlyobserve that the other accusations made by the complainants also do not inspirethat 1 degreeof confldence and flrm conviction which may persuade a writ court to initiate suo motu proceedings Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 242 PN0210f2011 t 1r 4 616 We are also of the view that continuingwith these or issuinga direction for further probewould tantamount to a rovingenquirywhich can have demoralizing effect on the ongoing of dacoityand robberycases and it may also cause senous prejudice to either of the parties Such like summary probe may also take us into the realm of seriouslydisputedquestionof facts 1 which cannot be effectivelyadjudicated by this Court in exercise of its 0 0 extraordinary discretionary jurisdiction C5 6171 Havingsaid that we hasten to add that the enquiryunder I Section 17640 CrPC has not been held by the learned ChiefJudicial Z MagistrateAmbala while functioning as a criminal court The object rt ofsuch an enquiryis merelyto elucidate the facts and the conclusions I arrived therein not being111 the nature of a judgementare not L0 Z bindingon the parties f 6181 The writ petitionis accordinglydisposedofwith libertyto Sl the complainants or their familymembers to have recourse to the Z Il as may be available to them in Iaw before an appropriate forum 0191 The writ petitionis disposedofin the aboveestatedterms 0201 We placeon record our appreciationfor the assistance rendered bythe learned Amicus Curiae 1 CRANJANGOGOO 2011 ChiefJustice Judge vMaInkar l 5 Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 243 V CWP N 821 of 2011 Il 1 1HtRk 1 PRESENTMr GSAttariwala Advocate amIcus cunae Mr Gandhu AAG Haryana 4R The enclosed judgmentreserved by the Division Bench m 0 consistingof Honble the Chief Justice and myselfhas been 0 pronouncedbyme todaysittingsingly 0 C5 May17 2011 KANTI dinesh JUDGE I Z 2 C I L Z 0 17 Z Om 1 C2l 0 Singh Gagan Preet 2014.07.01 15: 28 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document