By Shelal-
In the case of illegal detention, the High Court of Punjab and Haryana ordered the state government to pay compensation of Rs, 1 lakh each to the mother-daughter duo.
The division bench of Justice Rajiv Sharma and Harinder Singh Sindhu agreed with the opinion of the single Bench that keeping the duo in the police station for two days, without even making any entry in the records and also without informing the District magistrate amounted to illegal detention.
The case arose as the police officers were arrived at a spot in response to a complaint registered within police station where complainant stated that the articles lying in her house were bring stolen by Simranjit Singh, Kaka Singh etc.
After that, the police officials, the complainant and her daughter Rupinder Kaur went to the spot. Therein, a sub inspector discovered that a murder case was registered against the Palwinder Singh, who is husband of complainant.
In the meantime, people started abusing and beating Harwinder (complainant) and her daughter. 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 women.
The mob caused damage to the government and private vehicles as well. After a lot of struggle duo were rescued from the spot. The police registered FIR No. 55 dated 03.09.2019 under Sections 307, 452, 342,353,186,332,506,509,148,149 IPC at Police Station Morinda, Distrcit Rupnagar against Singh, Naagar Singh, Gorkha, Shinda Singh and unknown persons.
From the facts of the case the it was stated by the state that it was not a case of illegal detention. The duo were rescued by the police from the spot in the presence and under the supervision of the Senior Police Officers, Duty Magistrate, Sub Divisional Magistrate.
It was a necessity at the relevant time was give a complete protection to the alleged deteunes namely Harwinder Kaur and Rupinder Kaur without taking any risks.
This reference was listed before a Division bench pursuant to the order dated 09.09.2019 of the Single Judge.
The division bench was of the view that even if its accepted that some persons had tried to cause harm to the detenues, even then, both of them could not be kept in the police station for two days without even making an entry in the roznamcha and also without informing the District/Illaqa magistrate.
The court noted that, “Their continued detention cannot but be termed as illegal.”
The court further remarked,
“If such action is not condoned it would be prone to grave misuse. The requirements of law and the procedures have to be strictly complied with. It is well settled that in appropriate cases courts can award compensation for illegal detention”
Accordingly, state was directed to pay a compensation of Rs. 1,00,000/- (Rupees One lakh) each to detenues harwinder kaur and Rupinder Kaur. The court further directed that the same may be recovered from the erring officials who had kept them under the detention.
