Sahdeo @ Sahdeo Singh vs State Of U.P. & Ors

1. The present appeals have been filed against the judgment and order of the Allahabad High Court dated 20.12.2001 passed in Criminal Contempt No. 69 of 1997, convicting the appellants for not complying with the directions issued by this Court in D.K. Basu Vs. State of West Bengal AIR 1997 SC 610, and sentencing them for six months' imprisonment and also imposing a fine to the tune of Rs.2000/- each. Further, direction has been issued to the State Government to terminate the services of the appellants after holding disciplinary proceedings.

2. The facts and circumstances giving rise to the present appeals are that one Ramwati lodged an FIR dated 01.06.1997 in the Police Station Kotwali Ghaziabad with an allegation that her son Tej Veer Singh @ Pappu, a man of absolutely clear antecedents, never involved in any criminal case, who was running a sweet mart shop, was going to Allahabad by Prayagraj Express on 29.05.1997. He was apprehended by Deep Chand, Sub-Inspector of Police, posted at Police Station, Sector 24, Noida and Constable Ramesh Chandra, posted in the office of Superintendent of Police (R.A.) Ghaziabad along with some other policemen, from Shyamal Chauk, Sibbanpura, Ghaziabad. Tej Veer Singh was carrying a briefcase containing clothes and Rs. 40000/- in cash apart from the ticket. At the time of apprehending, neither the reason for his arrest nor the destination, where he was being taken to, was disclosed to him. His family members ran from pillar to post to know his whereabouts but in vain. On 30.05.1997, telegraphic information regarding abduction of Tej Veer Singh @ Pappu by police was sent to the Senior Superintendent of Police, Ghaziabad and Inspector General of Police, Meerut Zone.

3. No action was taken on the aforesaid FIR, thus Smt. Ramwati, mother of Tej Veer Singh made complaint to the Senior Suptd. of Police, Ghaziabad, Hon'ble the Chief Justice of India and the Chairman, National Human Rights Commission, New Delhi. The case was registered only on 04.06.1997 under Section 364 of Indian Penal Code, 1860 (hereinafter called IPC). However, no progress was made in the investigation. Being aggrieved, a Habeas Corpus petition, being numbered as Crl. Misc. (Habeas Corpus) Writ Petition No. 20040 of 1997, was filed in June, 1997 by one M. C. Verma, being next friend of the detenu Tej Veer Singh before the Allahabad High Court. In the said petition, allegations had been made that the respondent therein, Deep Chand, Sub-Inspector of Police and Constable Ramesh Chandra had detained Tej Veer Singh illegally since 29.5.1997 and his whereabouts were not known.

5. The District Judge submitted his report dated 03.12.1997 wherein it was mentioned that Yashpal, the elder brother of Tej Veer Singh, was a hardened criminal, and was wanted in large number of criminal cases. The police had taken away Tej Veer Singh alongwith one Jagdish Kumar to know the whereabouts of Yashpal to Murad Nagar Police Station, where they were beaten up. However, no information could be gathered from either of them about Yashpal. It was found that Jagdish Kumar was released by the police from its custody at 4.00 AM on 30.05.1997 but Tej Veer Singh remained under detention and still remained untraceable. Sub-Inspector Deep Chand was the mastermind in abducting Tej Veer Singh and Constable Ramesh Chandra had participated in illegal detention. Sub-Inspectors R. P. Singh and Satya Veer Singh, who were allegedly participated in abduction, were exonerated. However, Sahdeo Singh, Lila Dhar (appellants) and one Sujan Singh, Constable, were found to have participated in abduction. Sub- Inspector Deep Chand, had died in a car accident on 20.08.1997. After receiving the report from the District Judge, the High Court on 4.12.1997 issued notices to the four indicted persons initiating proceedings for criminal contempt suo motu. Sujan Singh submitted an application before the High Court that during the inquiry by the District Judge, no notice/opportunity of hearing was given to him. The High Court asked the 4 District Judge, Ghaziabad to provide an opportunity of hearing to the said applicant-Sujan Singh and submit a supplementary report. The said report was submitted on 10.07.1998 exonerating Sujan Singh from any criminal liability. Sahdeo Singh and Ramesh Chandra submitted their replies to the said Show Cause Notices dated 4.12.1997. Lila Dhar did not submit any reply.

7. The impugned judgment and the record of the case reveal that as no progress was likely to be made in the Habeas Corpus petition, the District Judge, Ghaziabad, was directed to conduct an inquiry in the allegations made in the petition and also taking note of the contents of the FIR dated 4.6.1997 lodged by Smt. Ramwati, the mother of Tej Veer Singh. The District Judge submitted his report after recording evidence of the witnesses, particularly, the family members and friends of Tej Veer Singh, and also hearing the appellants and other police officials. On the basis of the report submitted by the District Judge, the Habeas Corpus petition was disposed of vide Order dated 20.12.2001 presuming that Tej Veer Singh was dead.

Given under my hand and the seal of the Court, This 20th day of February, 1998.

Deputy Registrar Allahabad"

The impugned judgment and order, so far as the conviction of the appellants in Contempt proceedings are concerned, is liable to be set aside.

25. By the impugned judgment and order, Constable Ramesh Chandra was convicted and punished with imprisonment for six months. Further, a fine of Rs. 1 lakh and costs of Rs. 5000/- were also imposed on him. We are told that during the pendency of his appeals, i.e. Criminal Appeal Nos. 530 & 532 of 2002, Constable Ramesh Chandra has died and those appeals have been disposed of accordingly. Appellants were, however, convicted and imposed punishment as referred to hereinabove.

The appeals stand allowed. The judgment and order dated 20.12.2001 passed by the Allahabad High Court in Criminal Contempt No.69 of 1997 is hereby set aside.