Anoop Singh vs State of Haryana

M.L. Singhal, J.

The petitioner has knocked the door of this court through this Criminal Writ Petition filed under Articles 226 and 227 read with Articles 21 and 22 of the Constitution of India praying for the issuance of writ, order or direction ensuring safety of his life and liberty and punishment to respondent No. 3 and his subordinates for violation of right to life and liberty guaranteed to him by the Constitution of India. It is averred that on 3.5.96, ASI Balwan Singh alongwith his subordinates and other police men from CIA staff, Kaithal raided his house at 8 AM in his absence. At the time of raid, his father, mother, wife, children and younger brother were present. They did not disclose the grounds of raid to any of the members of his family or the respectable of the village at the time of raid. When his old father asked the reason for raid at his house, they started beating him with rifle butts and dangs. They slapped his father a number of times before the respectable of the village and arrested him. Members of his family and respectables requested the police not to humiliate and insult his father but to no effect. They took his father with them though nothing incriminating was recovered from his possession or premises or fields. When he returned to his village the entire woeful tale was narrated to him by the members of his family and neighbours. He alongwith others met respondent No. 2 and requested him to intervene and do justice into the matter. Respondent No. 2 assured him that he would do every justice to him. Respondent No. 3 tortured his father during the period he was kept in wrongful confinement. He apprehends false implication of his own or his father or some other member of the family as earlier also he and his father were implicated in false cases and they are on bail. At about 10 PM on 3.5.96 his father was let off. Whole of the family had to suffer humiliation and indignity in the village on account of the aforesaid episode. Grievance of the petitioner is that the police has violated various rights guaranteed by the founding fathers of the Constitution of India. They have set at naught all human rights recognized by the founding fathers of the Constitution while drafting the Constitution of India.

This Criminal Writ Petition has been opposed by the State of Haryana in the form of affidavit filed by Shri Prithi Singh, DSP Guhla urging that ASI Balwan Singh was deputed to protect the ballot boxes kept in DAV College, Cheeka from 28.4.96 to 10.5.96. On 3.5.96 ASI Balwan Singh attended the court of Sh. P.C. Gupta in case FIR No. 21/94 u/s 15/61/85 N.D.P.S. Act of P.S. Cheeka. ASI Balwan Singh was present in the court on 3.5.96. It was preposterous on the part of the petitioner to say that on 3.5.96 his house was raided by ASI Balwan Singh at about 8 AM. ASI Balwan Singh left the place of duty at 8.05 AM on 3.5.96 i.e. DAV College Cheeka vide Daily Diary Report No. 3, dated 3.5.96, Annexure R2, for attending the court of Shri P.C. Gupta and he returned at 9.05 PM vide DDR No. 17, dated 3.5.96 Annexure R3. Petitioner is facing trial under section 15 of NDPS Act, 1985 in case FIR No. 35/95 and 74/95. 32 bags each containing 40 Kgs of poppy husk was recovered from his possession in case FIR No. 35/95. 15 bags, each containing 40 kgs. of poppy husk was recovered from his possession in case FIR No. 74/95. Petitioner has filed writ petition with some oblique ulterior motive.

It is true that of late complaints of serious violation of individual human rights by the police are being brought to the notice of this court by invoking its jurisdiction under Article 226 of the Constitution of India read with Article 21 thereof. Complaints of custodial deaths, molestation and rape of young girls and women in and out of custody, killings in fake encounters etc. betray the ugly side of the culture which is, we are afraid, fast growing in certain segments of the uniformed forces. In the name of maintainance of law and order, police peace and tranquility, suppression of terrorist and disruptive activities, the law enforcement machineries in certain parts of the countery have thrown caution to the winds, emboldened by the inaction on the part of the higherups thereby speasding a sense of insecurity in the minds of the members of the public whom such forces are supposed to protect. This environmental degradation is bound to and in fact has greately damaged the credibility of such forces and has raised serious doubts about their efficacy to play the role assigned to them.

In the case in hand, however, the presence of ASI Balwan Singh at the house of the petitioner on 3.5.96 at 8 AM is doubtful. Petitioner is resident of village Matkalian, District Kaithal and at 8.05 AM ASI Balwant Singh was present at DAV College Cheeka guarding Ballot boxes. At 8.10 AM he was present at P.S. Guhla ready to leave for Sessions Court at Kaithal for evidence in connection with the case FIR No. 21/94 under the N.D.P.S. Act, 1985 of P.S. Cheeka. ASI Balwan Singh was present on duty at DAV College, Guhla from 28.4.96 to 10.5.96 guarding ballot boxes.

Petitioner appears to be a man of dubious character. He was facing trial under section 15 of N.D.P.S. Act in cases FIR No. 35/95 and 74/95 of Police Station Guhla. According to him his house was raided at 8 AM on 3.5.96. He was not present at his house at that time. His father was arrested and was taken by ASI Balwan Singh. He was tortured. He was freed at about 10 PM that very day. This writ petition is not supported by an affidavit either of his father or any of other respectables of the village. It is not a case where this court should invoke its extraordinary writ jurisdiction. According to the petitioner himself, his father was tortured at 8 AM and arrested and taken by ASI Balwan Singh with him and let off at 10 PM. According to the petitioner, thus, his father was kept in wrongful confinement only for 13/14 hours. Why should extraordinary writ jurisdiction be invoked when there is equally efficacious remedy available to Anoop Singh and his father under the Indian Penal Code. Equally efficacious remedy is available to them at civil law also.

This Criminal Writ Petition is dismissed. If so advised, Anoop Singh or his father may invoke criminal law or civil law or both for redress to them.