No person can be detained without entry in the roznamcha – Chandigarh HC Bench

 on 08 10 CRWP 777 2019(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.77192 gate of the police station was got opened. He then entered inthe MHC room. He asked for roznamcha which was stated tobe computerized. Thereafter he visited the lockup but foundnobody inside the lockup. Then the Warrant Officer along withpetitioner checked adjoining room. There he found two ladiessitting on the bed along with a lady constable namely RajwantKaur. The petitioner identified the ladies as her mother andsister. The Warrant Officer asked them as to how they reachedpolice station and what they were doing there. Harvinder Kaurstated that she and her daughter Rupinder Kaur were broughtthere by the police personnel of Ropar police station from theirvillage on 02.09.2019 at 11.30 p.m. She also informed that herhusband was involved in a case which was registered at PoliceStation Sadar Morinda under Section 302 IPC and as he wasabsconding they were not living at their residence. A theft hadbeen committed at their house and they had gone to PoliceStation Morinda along with their Advocate to lodge complaint.The SHO Morinda along with police party went to theirhouse. Harvinder Kaur also stated that she and her daughterwere brought to the police station to provide them protection.Rupinder Kaur while acknowledging that the police party hadhelped in rescuing them from crowd and family members ofSurinder Singh stated that they had been detained in the policestation for more than two days. The police was enquiring againand again about her father namely Parvinder Singh. The Ld. Single Judge concluded that the report ofthe Warrant Officer showed that both the detenues had beendetained in the police station City Ropar illegally withoutfollowing any procedure as per law. Even if it was acceptedthat some persons had tried to cause harm to them even then both of them could not be kept in the police station for two dayswithout even making entry in the roznamcha and also withoutinforming the District Illaqa Magistrate. The detenues had notbeen produced before any Court of law which clearly show on 08 10 CRWP 777 2019(O&M) 3 that they had been illegally detained in the police station toprocure the presence of Parvinder Singh in a murder case. Holding that it was a gross violation of fundamentalrights of the citizens it was opined that action needed to betaken against the erring officials and the detneues needed to becompensated. The matter was referred to a larger Bench forissuing guidelines issuing directions etc. to protect thefundamental rights of the citizens.” 2.In the reply filed by way of affidavit of AssistantSuperintendent of Police Sub division Rupnagar it has been stated that thepolice officers of Police Station City Rupnagar had not illegally detained thealleged detenues. 3.It is stated that on 02.09.2019 one complaint by HarwinderKaurwas received in Police Station Morinda DistrictRupnagar in which she stated that the articles lying in her house were beingstolen by Simranjit Singh Kaka Singh Sodhi Singh etc. On this SISimranjeet Singh along with other officials aforesaid Harwinder Kaur andher daughter Rupinder Kaur went to the spot on his official vehicle PB 12 M6619. On reaching the spot SI Simranjeet Singh came to know that a case FIR No.55 dated 25.06.2019 regarding the murder of Gurpreet Singh @Gopi had been registered under section 364 302 IPC P.S. Kurali DistrictSAS Nagar on the statement of one Surinder Singh against Palwinder Singh husband of Harwinder Kaur and the father of the petitioner. PalwinderSingh was evading his arrest. At around 7.30 pm when SI Simranjeet Singhalong with other officials was inspecting the spot Kaka Singh s o ParkashSingh Nagar Singh s o Karnail Singh Gorkha s o Ram La Shinda Singh s oParkash Singh all residents of Bamnara along with 15 20 unknown women on 08 10 CRWP 777 2019(O&M) 4 and 20 25 unknown men came there and started abusing and beatingHarwinder Kaur and Rupinder Kaur. The crowd did not let SI SimaranjeetSingh other officials and Harwinder Kaur and Rupinder Kaur to come out ofthe house. Kaka Singh etc. attacked ASI Darshan Singh and the police party.ASI Darshan Singh was injured and his uniform was torn. SI SHO informedthe Deputy Superintendent of Police Chamkaur Sahib on phone uponwhich SI Sunil Kumar SHO Police Station City Morinda along with policeforce SHO Chamkaur Sahib Inspector Gursewak Singh along with policeforce and Sukhjeet Singh Deputy Superintendent of Police ChamkaurSahib reached the spot. Thereafter the Senior Superintendent of Police Rupnagar and Superintendent of Police Headquarter Jagjit Singh Jhala Superintendent of Police Alam Vijay Singh also reached the spot. DutyMagistrate Puneet Kasai Naib Tehsildar Morinda and Mankamal Singh PCS Sub Divisional Magistrate Shri Chamkaur Sahib also reached there.Even then the mob wanted the custody of Harwinder Kaur and RupinderKaur and kill both of them. The police under the protection of female policeofficers tried to rescue Harwinder Kaur and Rupinder Kaur from the house upon which the mob attacked them with sticks and stones with intention tokill both the women. Failing in all the efforts the Duty Magistrate orderedLathi Charge on the crowd in order to save the lives of Harwinder Kaur andRupinder Kaur. The mob caused damage to the government and privatevehicles as well. After lot of struggle both Harwinder Kaur and RupinderKaur were rescued from the spot. The police registered FIR No.55 dated03.09.2019 under sections 307 452 342 353 186 332 506 509 148 149IPC at Police Station Morinda District Rupnagar against Kaka Singh Naagar Singh Gorkha Shinda Singh and unknown persons. on 08 10 CRWP 777 2019(O&M) 5 4.It is stated that it was not a case of illegal detention. BothHarwinder Kaur and Rupinder Kaur were rescued by the police from thespot in the presence and under the supervision of the Senior Police Officers Duty Magistrate Sub Divisional Magistrate as mentioned above. It was ingood faith and in order to protect their lives from angry mob theyhad been permitted to stay back in Police Station CityRupnagar until the situation got normalized. The need of the hour at therelevant time was to give complete protection to the alleged detenues namelyHarwinder Kaur and Rupinder Kaur without taking any risks. Furthermore both Harwinder Kaur and Rupinder Kaur in their statements nowhere statedany kind of maltreatment or harassment meted out to them in Police Station.5.We have heard Ld. Counsel for the parties. 6.As observed by the Ld. Single Judge even if it is accepted thatsome persons had tried to cause harm to the detenues even then both ofthem could not be kept in the police station for two days without evenmaking entry in the roznamcha and also without informing the District IllaqaMagistrate. Their continued detention cannot but be termed as illegal. 7.If such an action is condoned it would be prone to grave misuse.The requirements of law and the procedures have to be strictly compliedwith.8.It is well settled that in appropriate cases courts can awardcompensation for illegal detention. 9.Accordingly in the facts and circumstances of this case therespondent State is directed to pay a compensation of Rs.1 00 000 each to detenues Harwinder Kaur and Rupinder Kaur. on 08 10 CRWP 777 2019(O&M) 6 The same may be recovered from the erring officials who had kept themunder detention. (HARINDER SINGH SIDHU) JUDGE JUDGE October 06 2020gian mWhether Speaking ReasonedYesWhether ReportableYes No 

Summary: In the case of Parneet Kaur Vs State of Punjab and others [Criminal Writ Petition No.777 of 2019] High Court of Punjab and Haryana directed the respondent- State to pay a compensation of Rs.1,00,000/- (Rupees One lakh) each to detenues Harwinder Kaur and Rupinder Kaur. The complainant informed the police about theft in her house. While the police reached the spot, it came across to them that husband of Harwinder Kaur and the father of the petitioner was charged in a case regarding murder. The husband Palwinder Singh was evading his arrest. While the police were inspecting the spot, few unknown men and women came there and started abusing and beating Harwinder Kaur and Rupinder Kaur. The police under the protection of female police officers tried to rescue Harwinder Kaur and Rupinder Kaur from the house, upon which the mob attacked them with sticks and stones with the intention to kill both the women. Failing in all the efforts, the Duty Magistrate ordered Lathi Charge on the crowd in order to save the lives of Harwinder Kaur and Rupinder Kaur. The mob caused damage to the government and private vehicles as well. After lot of struggle both women were rescued from the spot. Subsequently, the present criminal writ petition was filed for issuance of writ in the nature of habeas corpus to set detenues, Harvinder Kaur and her daughter Rupinder Kaur free and to produce them before this Court after conducting their medical examination from Civil Surgeon or any other competent authority, as the detenues were claimed to have been illegally detained by respondents. It was contended by the respondent that it was in good faith and in order to protect their lives from angry mob, they (the alleged detenues) had been permitted to stay back in Police Station City Rupnagar until the situation got normalized. It was pointed that both Harwinder Kaur and Rupinder Kaur in their statements nowhere stated any kind of maltreatment or harassment meted out to them in Police Station.