IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14616 of 2007 Date of Decision: 21.11.2008 Anguri and another Petitioners Versus State of Haryana and another Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEFJUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.B.S.Chahar, Advocate for the petitioners Ms.Ritu Bahri, Addl.A.G. Haryana Mr.Jaivir Yadav, Advocate Mr.A.R.Takkar, Advocate Mr.Anmol Rattan Sidhu, Assistant Solicitor General of India, with Mr.Onkar Singh Batalvi, Central Govt. Standing Counsel, for respondent No.8 ….. Jasbir Singh, J. The petitioners, by filing this writ petition, have prayed that directions be issued to respondent No.1 to protect life and liberty of the petitioners from repeated excesses and onslaught caused by respondent Nos.2 to 7 since from the month of July 2007. It is further prayer of the petitioners that on allegations levelled by them, directions be issued to respondent No.8 (CBI) to conduct an enquiry and register a criminal case against respondent Nos.2 to 7 for excesses committed by them by torturing, harassing, humiliating, threatening and intimidating the petitioners and their family. Briefly, it is case of the petitioners that on 10.3.1998, petitioner No.1 and other family members were given inhuman treatment by police Civil Writ Petition No.14616 of 2007 officials of Police Station Garhi, District Jind. Sube Singh husband of petitioner No.1 and father of petitioner No.2 sent a complaint to Hon’ble the Chief Justice of India, with a prayer to initiate action against the erring police officials. The above said letter was registered as a Writ Petition (Criminal) No.237 of 1998. On 11.1.1999 notice was issued to several police officials including respondent Nos.6 and 7. In their reply, they refuted the allegations levelled by above said Sube Singh, however, their plea was not accepted by the Hon’ble Supreme Court. Investigation conducted by the Inspector General of Police was disbelieved and vide order dated 2.6.2001, the Court ordered investigation by the CBI. After enquiry, report was submitted before the Hon’ble Supreme Court on 16.9.2002. By taking note of the findings, in the above said report, vide an interim order dated 16.9.2002, FIR was ordered to be registered against as many as ten police officials. Accordingly, FIR No.152 was recorded on 17.10.2002 against ten police officials, including respondent Nos.6 and 7. It is allegation of the petitioners that with a view to pressurise their family, to withdraw the above said petition, pending before the Hon’ble Supreme Court, a false case was registered against petitioner No.2 on 19.3.1999 at Police Station Yamuna Nagar. After registration of a criminal case against the police officials, as referred to above, harassment of the family continued and many false and frivolous cases were recorded against petitioner No.2 from the year 2001 to 2003. It is further stated that in a false case registered against petitioner No.2, in the year 1999, he was convicted and sentenced by the Court at Yamuna Nagar, to undergo rigorous imprisonment for seven years. Against the above said order, petitioner No.2 has filed an appeal in this Court, in which, he was ordered to be released on bail, vide order dated 16.10.2006. 2 Civil Writ Petition No.14616 of 2007 After release of petitioner No.2 from jail, respondent Nos.2 to 7 again started harassing him and his family members. When representation sent by him failed to yield any result, he filed a Criminal Miscellaneous No.4070-M of 2007, in this Court, which was disposed of on 23.1.2007, ordering the Director General of Police, Haryana to look into the grievance of petitioner No.2, however, the officer, referred to above, conducted only an eye wash enquiry and hushed up the matter. It is apprehension of the petitioners that on account of registration of an FIR against the police officials, they are bent upon to teach a lesson to the petitioners and their family members. A fear has been raised that petitioner No.2 might be killed in a fake encounter. It is also grievance of the petitioners that without registering any case against the petitioners/ their family members, the police officials were regularly visiting their houses, in civil clothes. Upon notice, reply has been filed, wherein allegations levelled by the petitioners have been negatived, by stating that petitioner No.2 – Joginder Singh and his father Sube Singh, were hard core criminals. Allegations, with regard to harassment to the petitioners and their family members, have been denied. It is further stated that Writ Petition (Criminal) No.237 of 1998, was ultimately disposed of on 3.2.2006 and finding was given by the Hon’ble Apex Court that allegations, with regard to harassment to the family of Sube Singh, appears to be exaggerated. It was further averred that against Sube Singh, nine criminal cases were pending. Similarly, against Joginder Singh – petitioner No.2, 17 criminal cases were pending and in FIR No.435 dated 27.8.2007, proceedings have been initiated, to declare him a proclaimed offender. It has further been stated that Joginder Singh – petitioner No.2, by levelling similar allegations, which he has pressed in this writ petition, filed Criminal Miscellaneous 3 Civil Writ Petition No.14616 of 2007 No.76458-M of 2006. After taking note of criminal cases pending against Joginder Singh, above said application was dismissed by this Court on 7.12.2006. It was further stated that in FIR No.152 dated 17.10.2002, which was recorded under orders passed by the Hon’ble Apex Court, all the police officials, including respondent Nos.6 and 7 were acquitted by the competent Court vide order dated 16.11.2005 (R-1). It has further been stated that this writ petition has been filed with a view to pressurise the police officials, so that they may not discharge their official duties in apprehending Joginder Singh, in criminal cases pending against him. Counsel for the parties heard. Counsel for the petitioners has vehemently reiterated the allegations levelled by the petitioners in this writ petition, as mentioned above. He has further argued that all the criminal cases were registered against petitioner No.2 and his father on account of malafides at the part of the police officials, against whom criminal case was registered, under orders passed by the Hon’ble Apex Court on 16.9.2002. He also argued that without any justification, the police officials, in plain clothes, were raiding house of the petitioners, harassing and humiliating them and their family members. However, the counsel has failed to give any specific instance as to when, on what date, at what time and in whose presence, any raid was conducted by the police officials in their house and under what circumstances they were harassed. In reply to the argument raised by counsel for the petitioners, State counsel, by referring to the documents on record, has stated that by filing repeated applications in this Court, the petitioners/ their family members, were trying to pressurise the police officials, so that they may not discharge their legal duties in apprehending and taking action against 4 Civil Writ Petition No.14616 of 2007 petitioner No.2, his father Sube Singh in criminal cases pending against them. She prayed that this writ petition, having no substance, be dismissed. After hearing counsel for the parties and on perusal of paper book, we are convinced that this writ petition has no substance. It is allegation of the petitioners that on account of registration of an FIR on 17.10.2002, under orders passed by the Hon’ble Supreme Court, the police officials were nursing a grudge against family of the petitioners. In view of above fact the police officials were harassing and humiliating them, by involving them in false criminal cases. We feel that above said argument is not justified. Record reveals that a letter sent by Sube Singh – husband of petitioner No.1 and father of petitioner No.2, the Hon’ble Supreme Court registered the above said letter as a Writ Petition (Criminal) No.237 of 1998. After getting replies of the respondents, named therein, CBI enquiry was ordered. By taking note of the findings of that enquiry, vide order dated 16.9.2002, the Hon’ble Supreme Court ordered registration of an FIR against ten police officials, including respondent Nos.6 and 7 (respondents Nos.2 to 5 were not named as accused in the above said FIR). Record reveals that after regular trial, all the police officials were acquitted by the Court of Sub Divisional Judicial Magistrate, Narwana on 16.11.2005 (R-1). It is also coming out from the records that after getting an FIR recorded, against the erring police officials, the Hon’ble Apex Court kept the Writ Petition (Criminal) No.237 of 1998 alive, with a view to grant compensation to Sube Singh, if need be. Above said writ petition was disposed of by the Hon’ble Supreme Court vide order dated 3.2.2006. The Hon’ble Apex Court in para Nos.8 and 9 of the judgment, referred to above, has opined as under:- 5 Civil Writ Petition No.14616 of 2007 “8. A careful examination of the facts, lead to the following inferences: i) All allegations (relating to petitioner and his family members being taken to Police Stations/ Police Posts and being questioned/ beaten up/ tortured) are in connection with the effort of Police to find the whereabouts of Joginder Singh, whenever he was involved in a serious incident, that is (a) incident on 10.3.1998 when Joginder was suspected of killing a police constable, (b) incident on 25.1.2001 when Joginder escaped from Police custody when he was being taken to Court, and (c) incident on 13/14.2.2001 when Joginder was suspected of killing two persons at Tohana. ii) Though there is some evidence of illegal detention and beating of petitioner and his relatives, the allegations of custodial torture are exaggerated and to a certain extent false. iii) There is no medical evidence nor any visible scars/ marks/ disability resulting from the alleged torture, either in the case of petitioner or his family members/ relatives. iv) The complaints of petitioner and his relatives are against different police officers of different police stations (totally unconnected with each other) in regard to incidents at different points of time, in 6 Civil Writ Petition No.14616 of 2007 March, 1998, April, 1998, July, 1998, January, 2001, February, 2001 and June, 2001. v) The case of petitioner is that he and/ or his relatives were harassed, illegally confined, or tortured, to find out the whereabouts of Joginder. The police contend that the allegations by petitioner and his relatives, are by way of a well conceived plot to prevent police investigation in regard to misdeeds by Joginder and his associates and to pre-empt any action by the police against Joginder or his family members. 9. We will next refer to the factors which indicate that petitioner and his relatives have made false and exaggerated claims in regard to illegal detention, torture etc., part from suppressing material facts.” It was further found, as a matter of fact, that petitioner No.2 had closed links with his family members and in view of that it was reasonable for the police officials to think that the family members of Joginder Singh might be knowing about his whereabouts. In view of the above said fact, questioning of the family members of Joginder Singh – petitioner No.2, in the years 1999 and 2001, was held to be justified and was not treated as harassment, violation of Article 21 of the Constitution of India. It was further held by the Hon’ble Supreme Court that Sube Singh has exaggerated the facts in the above said case. In the end, a positive finding was given that there was no clear or incontrovertible evidence about custodial torture, as no medical report of any injury or disability was brought on record. Taking note of the above said finding, compensation 7 Civil Writ Petition No.14616 of 2007 was not awarded in favour of Sube Singh. However, it was left open to the civil/ criminal Court to award compensation in any pending proceedings. Facts mentioned above, clearly indicate that so far as respondent Nos.2 to 5 are concerned, who are officers of the SP rank, there was no cause of grouse with them, to falsely implicate petitioner No.2 in any criminal case. They were not named as accused in the FIR, which was recorded against the police officials, at the instance of Sube Singh – husband of petitioner No.1. Respondent Nos.6 and 7 were also acquitted vide order dated 16.11.2005 in FIR No.152 dated 17.10.2002 (R-1). Writ Petition (Criminal) No.237 of 1998 was also disposed of without passing any adverse order against any of the police officials on 3.2.2006. In view of facts mentioned above, it can safely be said that thereafter no motive was left with any police official to humiliate and harass the petitioners/ their family members. It has also come on record that by levelling similar allegations, which have been levelled in this writ petition, petitioner No.2 – Joginder Singh filed a Criminal Miscellaneous No.76498- M of 2006 in this Court, which was dismissed on 7.12.2006, by passing the following order:- “I have gone through the record of the case and find that the petitioner admits that he is involved in the following FIRs:- FIR No.242 u/s 307/120-B IPC and 25/54/59 dated 7.9.96 FIR No.245 under Arms Act dated 8.9.96 FIR No.99 dated 19.3.99 u/ss 393/397/452 IPC FIR No.8/01 dated 26.1.2001 u/ss 223/224 IPC FIR No.17/02 dated 4.4.2002 u/ss 332/353 IPC On perusal of the above, I find that two of the cases were lodged against the petitioner in the year 1996. Under these circumstances, I feel to comprehend to how the cases have 8 Civil Writ Petition No.14616 of 2007 been lodged in counter blast to the criminal writ filed in the year 1998. Other than the petitioner has been convicted in case FIR No.99 dated 19.2.1999 u/s 393, 394, 397, 452 IPC P.S. Yamuna Nagar. The petitioner has been convicted and sentenced to rigorous imprisonment for seven years. The appeal is pending in the Court. I find no ground to issue directions. Petition is dismissed.” It is also coming out from the records that petitioner No.2 again filed a Criminal Miscellaneous No.4070-M of 2007 with similar allegations, which was disposed of by this Court on 23.1.2007, ordering Director General of Police, Haryana, to look into complaints moved by petitioner No.2 on 1.11.2006 and 10.11.2006. Needful was ordered to be done within a period of one month. In compliance to the order, as referred to above, matter was entrusted to Inspector General of Police, Haryana, Hisar Range, Hisar, for investigation, who, vide his report dated 20.3.2007 (R-3) came to a conclusion that the complaints made by petitioner No.2 were without any basis and were made to put pressure on the police. It was further mentioned in the above said report that directions have already been issued to the local police that whenever police officials visit house of petitioner No.2, a Sarpanch/ Namberdar of the village must be joined the police party. It is also not disputed before us that from the year 1972 till 2001, as many as nine criminal cases were registered against Sube Singh – husband of petitioner No.1 and father of petitioner No.2 and similarly, from the year 1991 till 2007, as many as 17 cases were registered against petitioner No.2. Petitioner No.2 is involved in criminal cases involving offences punishable under Section 302 IPC. In four cases, he has been convicted and sentenced by the competent criminal Courts. It is also not 9 Civil Writ Petition No.14616 of 2007 disputed before us that in one case proceedings have been initiated against him to declare him a proclaimed offender. Detail of criminal cases as found mentioned at page No.73 of this writ petition, clearly indicates that four cases were registered before the criminal case was registered against the police officials on 16.9.2002, out of above 17 cases, four cases were registered against petitioner No.2 in the State of Punjab. Above said facts clearly indicate that contention of the petitioners that they/ their family members were being harassed on account of registration of a criminal case against the police officials, as referred to above, appears to be imaginary and false. Not only this, except making vague statement of harassment and humiliation at the hands of the police officials, no positive evidence has been brought on record as to how, on what date, under what circumstances and in whose presence, any excess was committed by the police officials against the petitioners/ their family members. In view of facts mentioned above, we are not inclined to issue directions as prayed by the petitioners in this writ petition. Accordingly, this writ petition is disposed of. However, for future, in case the petitioners move any representation to Director General of Police, State of Haryana, by giving specific instance of excesses if any committed by any of the police officials, the officer concerned may look into the same and make an attempt to redress the grievance of the petitioners, as per law. (JASBIR SINGH) JUDGE 21.11.2008 (T.S.THAKUR) gk CHIEF JUSTICE 10