July 04, 2018 07:19 PM

Chandigarh (Subhash Jindal)

Highcourt awards Rs.5 lakh as compensation against State of Punjab/7 Police officials of Police Station, Bhikhi (Mansa), including 1 Sub Inspector, 3 ASIs-in a Civil Writ Petition filed by a Chemist, seeking compensation of Rs.50 lakhs, for implicating him in a false case, resulting into his detention in Police/Judicial custody for more than 5 months:

Justice Rakesh Jain of the Punjab and Haryana High Court today awards Rs.5 lakh as compensation against State of Punjab/7 Police officials of Police Station, Bhikhi (Mansa) including Gurdarshan Singh, SHO, and 3 ASIs (Bhagwant Singh, Jaswant Singh, Balvir Singh), Sukhwinder Singh, Head Constable, and two Constables (Karnail Singh and Gurdev Singh) of Bhikhi Police Station, in a Civil Writ Petition filed by a Chemist of Bhikhi (Ashok Kumar Jain), seeking adequate compensation against the State of Punjab, which is vicariously liable for conduct of its public servants.

The petitioner had alleged in his writ petition that a false FIR was registered against him by the aforesaid Police officials of Police Station, Bhikhi on 10.8.2013 under section 22 of NDPS Act, The recovery of some contrabands was shown to have been effected from him at a distant place from Bhikhi, while as a matter of fact, the said police officials had taken him in their custody from his Chemist shop, and they were caught in CCTV Cameras while taking him into custody. The petitioner filed a petition for transferring the investigation from Bhikhi Police to CBI. During the pendency of said petition, investigation was conducted by an SIT set up under SP (Detective), Mansa, which found the aforesaid police officials guilty, and after conducting departmental inquiry, punishment of “forfeiture of 2 years’ permanent service” was imposed upon them.(However, later, during pendency of the instant case, the respondent official were exonerated in departmental appeal.) Besides, a cancellation report was also presented by Police in the Concerned Court, which was accepted by the Court. The petition seeking transfer of investigation to CBI, was thereupon disposed of as infructuous on 19.5.2015.

It is in these circumstances that the petitioner had filed the instant civil writ petition, seeking adequate compensation , for the mental agony, detention in Police custody/judicial custody for more than 5 months, loss to his reputation /business etc,

Justice Rakesh Kumar Jain had reserved the judgment on 4.5.2018, which has been pronounced today in open Court awarding Rs.5 lakh as compensation against respondents, to be given to the petitioner.

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