Mother-Daughter Duo Detained By Police Without Making Any Entry In Official Records: P&H HC Awards Compensation Of Rs 2 Lakh [Read Order]

The Division Bench of Justices Rajiv Sharma and Harinder Singh Sidhu agreed with the opinion of the Single Bench that keeping the mother-daughter duo in the police station for two days, without even making an entry in the roznamcha and also without informing the District/Illaqa Magistrate amounted to illegal detention.

Facts of the Case

On 02.09.2019, one complaint by Harwinder Kaur (the detenue) was received in Police Station, Morinda, District Rupnagar in which she stated that the articles lying in her house were being stolen by Simranjit Singh, Kaka Singh, Sodhi Singh etc.

After that, the police officials, the complainant (Harwinder Kaur) 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 Harwinder (Mother) and Rupinder (Daughter).

The police under the protection of female police officers tried to rescue Harwinder Kaur and Rupinder Kaur from the house, upon which 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 in order to save the lives of Harwinder Kaur and Rupinder Kaur.

The mob caused damage to the government and private vehicles as well. After a lot of struggle both Harwinder Kaur and Rupinder Kaur were rescued from the spot.

The police registered FIR No.55 dated 03.09.2019 under sections 307, 452, 342, 353, 186, 332, 506, 509, 148, 149 IPC at Police Station Morinda, District Rupnagar against Kaka Singh, Naagar Singh, Gorkha, Shinda Singh and unknown persons.

It was stated that it was not a case of illegal detention. Both Harwinder Kaur and Rupinder Kaur were rescued by the police from the spot in the presence and under the supervision of the Senior Police Officers, Duty Magistrate, Sub Divisional Magistrate.

It was in good faith and in order to protect their lives from an angry mob, they (the detenues) had been permitted to stay back in Police Station City Rupnagar until the situation got normalized.

The need of the hour at the relevant time was to give a complete protection to the alleged detenues namely Harwinder Kaur and Rupinder Kaur without taking any risks.

Furthermore, both Harwinder Kaur and Rupinder Kaur in their statements nowhere stated any kind of maltreatment or harassment meted out to them in Police Station.

Single Judge's Observation

The Single Judge concluded that the report of the Warrant Officer showed that both the detenues had been detained in the police station City Ropar, illegally without following any procedure as per law.

The Court had opined that,

"Even if it was accepted that some persons had tried to cause harm to them, even then, both of them could not be kept in the police station for two days without even making an entry in the roznamcha and also without informing the District/Illaqa Magistrate. The detenues had not been produced before any Court of law, which clearly that they had been illegally detained in the police station to procure the presence of Parvinder Singh in a murder case."

Holding that it was a gross violation of fundamental rights of the citizens it was opined that action needed to be taken against the erring officials and the detneues needed to be compensated.

The matter was then referred to a larger Bench for issuing guidelines/ issuing directions etc. to protect the fundamental rights of the citizens.

Court's Observation and Decision

This reference was listed before a Division Bench pursuant to the order dated 09.09.2019 of the Single Judge.

The Division Bench was of the view that even if it is accepted that some persons had tried to cause harm to the detenues, even then, both of them could not be kept in the police station for two days without even making an entry in the roznamcha and also without informing the District/Illaqa Magistrate.

"Their continued detention cannot but be termed as illegal", the Court noted.

The Court further remarked,

"If such action is not condoned it would be prone to grave misuse. The requirements of law and the procedures have to be strictly complied with. It is well settled that in appropriate cases courts can award compensation for illegal detention."

Accordingly, in the facts and circumstances of this case, the respondent- State was directed to pay a compensation of Rs.1,00,000/- (Rupees One lakh) each to detenues Harwinder Kaur and Rupinder Kaur.

The Court further directed that the same may be recovered from the erring officials who had kept them under the detention.