The order has come in a criminal writ filed under a writ of habeas corpus. The Petition was filed by Mr.Palwinder Kaur whose wife and daughter were illegally detained by the police.
Facts of the Case
A complaint by Harwinder Kaur (detinue) was received in Morinda Police Station on 2.09.2019. She claimed that the articles lying in her house were being stolen by Simranjit Singh, Kaka Singh, Sodhi Singh etc. After which, 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 Palwinder Singh, Harwinder Kaur’s husband.
While the police officials were inspecting the spot, a group of people started abusing and beating the Mother and Daughter. The police under the protection of female police officers tried to rescue the Mother-Daughter from the house. But the mob attacked them with sticks and stones with the intention to kill both the women.
Failing in all the efforts, the Duty Magistrate ordered Lathi Charge on the crowd to save the lives of Harwinder Kaur and Rupinder Kaur. After a lot of struggle, both Harwinder Kaur and Rupinder Kaur were rescued from the spot.
Arguments before the Court
Ld.Counsel Ms.Nisha appeared for the Respondents. She states that it was not a case of illegal detention. As it is clear that Harwinder and Rupinder Kaur were rescued by the police from the spot under the supervision of the Senior Police Officers. She further added that the rescue was done in good faith and to protect their lives from angry mobs.
The Court observed that even if it is accepted that the lives of detinue were in danger, keeping them in the police station for two days without even making any entry amounts to Illegal detention.
The Division Bench of Justices Rajiv Sharma and Harinder Singh Sidhu directed the State Government to pay a compensation of Rs 1 lakh each to the mother-daughter duo. The Court further directed that the same would be recovered from the erring officials who had kept them under the detention.
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