TMI Blog1985 (11) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... away by the police. As it was not known where he had been taken away and as the efforts to trace him proved futile, his wife Smt. Jayamala, acting on his behalf, filed the present application for the issue of a writ to direct the respondents to produce Shri Bhim Singh before the court, to declare his detention illegal and to set him at liberty. She impleaded the State of Jammu Kashmir through the Chief Secretary as the first respondent, the Chief Minister, the Deputy Chief Minister and the Inspector General of Police, Jammu Kashmir as respondents 2, 3 and 4. On September 13, 1985, we directed notice to be issued to the respondents and we also directed the Inspector General of Police to inform Smt. Jayamala where Shri Bhim Singh was kept in custody. On September 16,1985, Shri Bhim Singh was released on bail by the learned Additional Sessions Judge of Jammu before whom he was produced. Shri Bhim Singh filed a supplementary affidavit on 20th September, 1985 stating more facts in addition to what had already been stated by Smt. Jayamala in the petition. He categorically asserted that he was kept in police lock up from 10th to 14th and that he was produced before a Magistrate for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the affidavit of Shri Khajuria, Inspector General of Police that the information, to the Superintendent of Police Anantnag was conveyed through the Police Control Room, Srinagar on 10th September, 1985. Shri Mir has not chosen to explain why he expected Shri Bhim Singh to pass through Qazi Kund that night. Quite obviously even before he had received any information from the Police Control Room about the alleged case registered against Shri Bhim Singh, Shri Mir had instructed the Officer-in-charge Police Station Qazi Kund to arrest Shri Bhim Singh if he came within his jurisdiction. Whether he did it on his own and if so, for what reason or whether he did it on other instructions received by him is a matter which requires our consideration. At about 3,00 AM, according to Shri Mir, Shri Bhim Singh was arrested at Qazi 1 Kund by the Officer-in-charge of Police Station Qazi Kund and brought to the District Headquarters where it appears Shri Bhim Singh was provided with facilities for rest, wash, breakfast, etc. It is necessary to mention here that no affidavit has been filed before us by the Officer-in-charge of Police Station Qazi Kund, the officer who arrested Shri Bhim Singh. It app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Class on 11th September, 1985 . The Officer-in-charge Police Station, Pacca Danga has not filed any affidavit. It has to be mentioned here that Shri Bhim Singh moved an application before the Executive Magistrate on 24th October, 1985 to be informed as to the time when remand was obtained from the Magistrate. The Magistrate made the following endorsement on the application of Shri Bhim Singh : Returned in original to the applicant with the remarks that the remand application was moved before me by the SHO Pacca Danga Jammu on 11th September, 1985 after office hours in the evening at my residence and the (illegible) remanded the applicant in police custody for a period of two days alone. On the expiry of the remand of two days granted by the Executive Magistrate, a further remand was obtained for one day, this time, not from the Executive Magistrate First Class, but, from the Sub-Judge. It was probably thought not wise to go before the same Magistrate and ask for a second remand. The application made in Urdu to the Sub-Judge with the endorsement of the Sub Judge has also been filed as an annexure to (he Affidavit of Shri Khajuria. The endorsement of the Sub Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eafter on 14th September, 1985, Shri Bhim Singh was produced before the Sub Judge and was remanded to judicial custody for two days with a direction to produce him before the Sessions Judge, Jammu on 16th September, 1985. He was accordingly taken to the court of the Sessions Judge on 16th September, 1985, but as the Sessions Judge was absent, he was produced before the Additional Sessions Judge. He was released on bail on his personal bond by the Additional Sessions Judge. That he was produced before the Magistrate on 14th, remanded to judicial custody for two days, produced before the Additional Sessions Judge on 16th and released on bail are facts which are not disputed by Shri Bhim Singh. In his affidavit when he reference to the events of 14th and 16th September, 1985, Shri Khajuria takes good care to use the words produced before the Sub Judge and produced before the Additional Sessions Judge . As mentioned by us earlier, with reference to the events of 11th and 13th September, 1985, Shri Khajuria very carefully refrained from using the word produced . He merely said 'remand was obtained'. Shri Bhim Singh in his supplemental and rejoinder affidavits has stated cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the officer who produced him before the Magistrate for the purpose of obtaining orders of remand. Instead of filing their affidavits, several inconsequential affidavits were filed perhaps only to confuse the issue. Shri Khajuria, the Inspector General of police filed a lengthy affidavit containing statements of fact, most of which he could not be personally aware. However, he chose to use careful language, as pointed out by us, whenever he referred to the remand of Shri Bhim Singh or his production before a Magistrate or Sub Judge. We are convinced that the failure to file the affidavits of the officers, who arrested Shri Bhim Singh and the Sub-Inspector, incharge of Pacca Danga Police Station was deliberate. They were to be kept back until there was dire necessity. We do not have the slightest hesitation in holding that Shri Bhim Singh was not produced before the Executive Magistrate First Class on 11th and was not produced before the Sub Judge on 13th. Orders of remand were obtained from the Executive Magistrate and the Sub Judge on the application of the police officers without the production of Shri Bhim Singh before them. The manner in which the orders were obtained, i.e., at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Police Officers acted in a most high-handed way. We do not wish to use stronger words to condemn the authoritarian acts of the police. If the personal liberty of a Member of the Legislative Assembly is to be played with in this fashion, one can only wonder what may happen to lesser mortals ! Police Officers who are the custodians of law and order should have the greatest respect for the personal liberty of citizens and should not flout the laws by stooping to such bizarre acts of lawlessness. Custodians of law and order should not become depredators of civil liberties. Their duty is to protect and not to abduct. However the two police officers, the one who arrested him and the one who obtained the orders of remand, are but minions, in the lower rungs of the ladder. We do not have the slightest doubt that the responsibility lies elsewhere and with the higher echelons of the Government of Jammu and Kashmir but it is not possible to say precisely where and with whom, on the material now before us. We have no doubt that the constitutional rights of Shri Bhim Singh were violated with impunity. Since he is now not in detention, there is no need to make any order to set him at liberty, bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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