Nishan Singh vs State of Punjab

M.L. Singhal, J. (Oral)

This is a Criminal Writ Petition filed by Nishan Singh and Baljit Kaur under Article 226 of the Constitution of India in the nature of Habeas Corpus wherethrough they are seeking the release of detenues Gura Singh aged 70 years and Raja aged 17 years, grandfather and nephew respectively of Nishan Singh petitioner''s brotherinlaw detained by the police of Police Station Jhabal, District Tarn Taran. According to them the cause for their illegal detention by the police is the marriage of Nishan Singh and Baljit Kaur which is an intercaste marriage and which is to the annoyance of Baljit Kaur''s parents. Marriage of Baljit Kaur with Nishan Singh was not approved by the parents of Baljit Kaur. They could not tolerate Baljit Kaur and Nishan Singh united into wedlock. They threatened Baljit Kaur with direct consequences. Respondent No. 6 visited the house of Nishan Singh and threatened them with dire consequences. Baljit Kaur was major. She could marry anyone whom she wished without the intervention of her parents. Respondents No. 5 and 9 tried to file complaint in P.S. Gharinda but their complaint was not entertained as Baljit Kaur was major entitled to marry anyone whom she wished to marry. Respondents No. 5 and 9 approached the police of P.S. Jhabal. They tried to arrest Nishan Singh''s brother. They could not arrest him. After that the police of P.S. Jhabal raided the house of Nishan Singh''s brotherinlaw at village Attari which is situated outside the jurisdiction of P.S. Jhabal. Police picked up Gura Singh and Raja and detained them illegally at P.S. Jhabal.

Allegations made in this Crl.W.P. were refuted by Baljit Singh, Deputy Superintendent of Police (Detective), Tarn Taran. Sukhbir Singh, Deputy Superintendent of Police, Tarn Taran also filed affidavit denying the allegations made in this Crl. Writ Petition.

For resolving whether the version of the petitioners is correct or the version of the police is correct, vide order dated 28.8.1996 passed by this court, Chief Judicial Magistrate, Amritsar was directed to hold a probe to find out the correctness or otherwise of the version put forth by the petitioners. Chief Judicial Magistrate, Amritsar after holding probe has submitted his report that Gura Singh and Raja were picked up by Jhabal Police and kept in detention for 34 days. Assuming that the report of the Chief Judicial Magistrate, Amritsar is correct, 34 days'' detention is not so serious a matter as to call for the invoking of the writ jurisdiction by this Court as writ jurisdiction is an extraordinary jurisdiction vesting in this court which should be invoked only when there is grave and irreparable injury to the rights of a person which cannot be repaired effectively by redress at ordinary law. No relief can, therefore, be allowed to the petitioners in the exercise of the extraordinary writ jurisdiction of this Court. If Nishan Singh, Baljit Kaur or Gura Singh and Raja want to seek relief for their alleged wrongful confinement by the police, they may, if advised, sue those who had wrongfully and illegally detained them either civilly or criminally or both.

This Criminal Writ Petition is dismissed with the aforesaid observations.