| Chandigarh |
October 8, 2020 8:18:49 pm
THE PUNJAB and Haryana High Court has directed Punjab Police to award compensation of Rs 1 lakh every to a lady and her daughter, who had been illegally detained for 2 days.
The petitioner, Parneet Kaur, via counsel Advocate Jagmohan Singh Bhatti, had moved the High Court in 2019, submitting a habeas corpus plea, looking for that Harvinder Kaur and her daughter Rupinder Kaur be freed and be produced earlier than this court docket after conducting their medical examination from a civil surgeon or every other competent authority, because the detenues had been claimed to have been illegally detained by the Ropar SSP, and one Harpal Singh of Ropar.
The single bench of HC appointed a warrant officer, and it was concluded by the court docket that that the report of the warrant officer confirmed that mom and daughter had been detained within the Ropar City police station illegally, with out following any process as per legislation, to make sure the presence of Parvinder Singh (Harvinder Kaur’s husband) in a reference to a homicide case.
Holding that it was a gross violation of elementary rights of the residents, it was opined by the only bench that motion wanted to be taken towards the erring officers and the detenues wanted to be compensated. The matter was thus referred to a bigger bench for issuing pointers to guard the elemental rights of the residents.
Before the division bench, the ASP Ropar submitted in reply that the officers of Rupnagar City police station had not illegally detained the 2.
Police submitted that on September 2, 2019, a criticism from Harwinder Kaur was obtained at Morinda police station in Rupnagar district, wherein she said that articles had been being stolen from her home by Simranjit Singh, Kaka Singh, Sodhi Singh and so forth. S-I Simranjeet Singh together with different officers went to the spot. On reaching the spot, the S-I got here to know that an FIR relating to the homicide of Gurpreet Singh alias Gopi had been registered beneath sections 364 and 302 of IPC at PS Kurali, Mohali, on June 25, 2019, on the assertion of 1 Surinder Singh towards Palwinder Singh, husband of Harwinder and father of the petitioner, and Palwinder Singh was evading arrest.
At round 7.30 pm, when S-I Simranjeet Singh together with different officers was inspecting the spot, Kaka Singh, Nagar Singh, Gorkha and Shinda Singh, all residents of Bamnara together with 15-20 unknown girls and 20-25 unknown males arrived and began verbally abusing and beating Harwinder and Rupinder. The police tried to rescue the 2, upon which the mob attacked them with sticks and stones. A FIR was registered towards the mob, and Harwinder and
Rupinder had been rescued by police from the spot to guard them, police submitted, including that the 2 had been permitted to remain again within the police station until the scenario cooled down. Furthermore, each Harwinder and Rupinder of their statements nowhere said any sort of mistreatment or harassment meted out to them on the police station.
The HC division bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu held, “As noticed by the Ld. Single Judge, even whether it is accepted that some individuals had tried to trigger hurt to the detenues, even then, each of them couldn’t be stored within the police station for 2 days with out even making entry within the roznamcha and in addition with out informing the district Justice of the Peace. Their continued detention can not however be termed as unlawful.”
Ruling that if such an motion is condoned, it might be liable to grave misuse, the bench directed the Punjab authorities to pay Rs 1 lakh compensation to every detainee and recuperate the identical from the erring officers who had stored them beneath detention.
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