Punjab and Haryana High Court Directs State to Pay Compensation of Rs 2 Lakh for Illegal Detention  

Must Read

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector &...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court,...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first...

Follow us

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.

Court’s Observation

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.

Court’s Order

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.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

 

 

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being imposed.  Brief facts of the case This...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court, Bhuj in the case of...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first consignment, on 10.06.2020 and the,...

Delhi High Court Seeks Response From Centre, RBI in PIL to Regulate Online Lending Platforms

A notice had been issued by the Delhi HC in a PIL that sought regulation of online lending platforms (Dharanidhar Karimojji vs UOI). Brief Facts: The...

“Consensual Affair” Cannot Be Defence Against the Charge of Kidnapping of the Minor, Sentence Reduced in View of Age Difference: Supreme Court

This Case concerns the appeal against the conviction under the charges of kidnapping and discussed whether the punishment was to be enhanced or not.   Brief...

Delhi HC to Municipal Corp: Paucity of Funds Not an Excuse for Non-Payment of Salaries and Pensions

The Delhi High Court ruled that the paucity of funds cannot be an excuse and pulled up municipal corporations for not paying salaries and pensions to their employees as the right to receive payment is a fundamental right guaranteed in our constitution.

US Supreme Court Reinstates Restriction on Abortion Pills

The Supreme Court of the United States granted the Trump administration’s request to reinstate federal rules requiring women to make in-person visits to hospitals...

More Articles Like This

- Advertisement -