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1994 DIGILAW 123 (SC)

Jaspal Singh v. State Of U. P.

1994-01-24

M.N.VENKATACHALIAH, S.MOHAN

body1994
(1) IN furtherance of the order that we made earlier in the morning, learned Additional Solicitor General made a statement that he did talk to the learned counsel Shri Harish N. Salve, Senior Advocate, Sri G.K. Mehrotra, (Additional Advocate General for the State of Uttar Pradesh), Sri Praveer Chaudhary and a number of other advocates in their chambers. Learned Additional Solicitor General stated that it was true that "some force" was used against Satish, the detenu in the precincts of the Supreme court. (2) THE submission that "some force" was used is an euphemism. The fact appears to be that the detenu kicked and beaten in full view of the public and the lawyers. It is the height of intransigence on the part of the police to have resorted to such dehumanising reprisals, publicly performed, in the precincts of the Supreme court of India. It is, indeed, symptomatic and manifestation of an increasing culture of irreverence to authority and high-handed behaviour. We have framed the charges against the police officials for contempt of court. (3) UPON enquiry as to the version given to the learned Additional Solicitor General he stated that it was true that the detenu Satish was beaten up and kicked by the policemen accompanying him. The physical condition of the detenu was also got examined by the doctor of the Supreme court Infirmary. He is said to be very weak physically and there was, apparently, no possibility of his indulging in any offensive act. It transpires from the version of Sri Rajdeep Singh, Superintendent of Police, that Sri Pravin Kumar Chaudhary and Sri Udaivir Singh, the two Inspectors of Police of the CBI; Sri Vijender Singh, Head Constable; Sri Omvir Singh and Sri Narinder Singh, Constables, who were responsible for the production of Satish in court, permitted this disgraceful and abhorrent act of beating and kicking the detenu in the precincts of the Supreme court (4) IT is unfortunate that the Police Officers concerned, abandoned their duty of care and caution even in the premises of the Supreme court of India in which they were handling the detenu, and used physical violence against a physically weak and enfeebled person. These acts constitute ex facie, contempt of court for which the officers have rendered themselves liable to be punished instantaneously (5) THE following charge against Sri Rajdeep Singh. These acts constitute ex facie, contempt of court for which the officers have rendered themselves liable to be punished instantaneously (5) THE following charge against Sri Rajdeep Singh. Superintendent of Police was read over to him: "YOU, Sri Rajdeep Singh, Superintendent of Police, CBI were in charge of the duty of producing Satish, the detenu, in court, and you failed in your duty in maintaining the dignity and decorum of the court premises and allowed a disgraceful event to occur in the precincts of the Supreme court in that your subordinates to whom you entrusted the custody of the detenu, in full public view and of the members of the Bar, beat and kicked the detenu and that by such dereliction of duty occasioned an event amounting to contempt of court and have rendered yourself liable to be punished." After this charge was read over to Sri Rajdeep Singh, he admitted the occurrence and his dereliction. He stated that the acts were committed by the Constables in such a quick manner that he had no and could not control to exercise over their conduct. He expressed an unconditional apology and stated that he felt ashamed that such a thing was permitted to happen in the precincts of the Supreme court. He assured proper diligence in future. In view of the role attributed to him which is not one of commission but of omission we think a conviction and sentence would not be justified with the nature of his lapses and omissions. We think a strong reprimand would meet the ends of justice. Accordingly, a reprimand has been administered to him and he has been cautioned to conduct himself properly in relation to courts, which he assures. (6) SO far as the two Inspectors of the CBI are concerned, the following charge common to them was read over to them: "THAT you Udaivir Singh and Pravin Kumar Chaudhary, Inspectors of the CBI, who were similarly entrusted with the duty of production of Satish, in court, failed and neglected in your duty and allowed the event referred to in the charge relating to Sri Rajdeep Singh, to occur in the Supreme court, and by such dereliction of duty you committed contempt of court and have rendered yourself liable to be punished." The charge was read over to Udaivir Singh and Pravin Kumar Chaudhary, Inspectors of the CBI. They expressed regret that such a thing happened in spite of their presence. They said it happened at the spur of the moment. They admit their lapse and tendered an unconditional apology. These are the two officers who are responsible for overseeing the behaviour of subordinate police officers in the court. They failed in their duty and permitted a very disgraceful event to happen in the precincts of the Supreme court. (7) WE convict both of them of charges of contempt of court and sentence each of them to a fine of Rs. 1,000.00, which shall not be reimbursed by the State. The amount of fine be deposited in the Supreme court within two weeks from today. (8) SO far as the Head Constable and the two Constables who were actually involved in the offending acts are concerned, the following charge was read over to them: "THAT you, Vijender Singh, Head Constable; and Omvir Singh and Narinder Singh, Constables, Dehradun Police, have committed contempt of Court by a disgraceful and violent conduct in the precincts of the Supreme Court, by beating and lacking the detenu Satish, who was to be produced in Court. This you did in full public view and in the presence of a number of members of the Bar. You, by these acts, are guilty of contempt and liable to be punished accordingly." The charge was read over and translated to the three Constables. The three officials plead guilty and tender an unconditional apology. The acts that were done by them are absolutely indefensible and unpardonable and totally subversive of discipline, decorum and decency of the court. The event that occurred in the Supreme court is in a sense symptomatic of the degeneration in the respect for law by the police and an indifference to rule of law, human dignity and human rights. We are enable to accept the apology of these Constables. (9) WE convict the aforesaid three persons for contempt of court and sentence them to one months simple imprisonment. They shall also pay a fine of Rs. 1,000.00 each. They will surrender to the Commissioner of Police, Delhi for serving out the sentence. The amount of fine shall be deposited in the Supreme court within two weeks from today. (10) SATISH, the detenu, was produced before us. They shall also pay a fine of Rs. 1,000.00 each. They will surrender to the Commissioner of Police, Delhi for serving out the sentence. The amount of fine shall be deposited in the Supreme court within two weeks from today. (10) SATISH, the detenu, was produced before us. In our opinion, he requires to be medically examined and treated as the report of the doctor of the Supreme court indicates. He shall be treated in any public hospital of the choice of the CBI in Delhi. After the doctors certify him to be fit, he may be sent to judicial custody pending investigation (11) THE Director of CBI as well as Special secretary, Home Affairs, who were present in court at our directions, expressed regret over the incident and assured that every step would be taken to ensure that the police conduct themselves respectfully towards the court. We place this submission on record.