Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2009
(Arising out of SLP (crl) no. 5761/06)
State of Punjab & Ors. ….Appellants
Versus
Paramjit Kaur & Ors. ….Respondents
J U D G M E N T
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Challenge in this appeal is to the order passed by a learned Single
Judge of the Punjab and Haryana High Court allowing the writ petition
purported to be a Writ of habeas Corpus. The High Court by the impugned
order has directed that the State of Punjab to pay a sum of Rs.1,50,000/- to
the writ petitioners and the family as for alleged custodial disappearance of
the writ petitioner’s husband. It was observed that the said act was clearly
attributable to the remissness and the failure of duty on the part of the police
department since the police has not been able to find out the whereabouts of
the writ Petitioner’s husband. It was noted that in cases where police
officials are convicted on the basis of the charge sheet submitted by the
Central Bureau of Investigation (in short the ‘CBI’), the amount of
compensation shall be recovered from them.
3. Questioning correctness of the order, learned counsel for the
appellant-State and the concerned Police officials i.e. respondents 2 to 4
have submitted that when the matter was pending in a criminal court, the
High Court’s observations about the officials being responsible for the
disappearance for the writ petitioner’s husband and the conclusions about
the remissness and failure of duty are clearly unsustainable. These
observations are bound to have effect on the trial. It is pointed out that
before this Court passed the order of stay on 10.11.2006, the State
Government had already made payment of the amount as directed by the
High Court on 20.5.2006. We agree with learned counsel for the appellant
2
and the respondent police officials that when the matter is pending
adjudication in a trial before a criminal court, the High Court should not
have made any observation which would have effect on the trial by the trial
court. We, therefore, dispose of this appeal with the direction that even if
payment has been made pursuant to the High Court’s order by the State
Government, that shall not be construed to be a concession to the
allegations made. The trial before the criminal court shall be conducted in
accordance with law, without being influenced by any observation made by
the High Court about the remissness and neglect in duty is by the police
officials. The appeal is accordingly disposed of.
……………………..…………J.
(Dr. ARIJIT PASAYAT)
……..…………………..………J.
(ASOK KUMAR GANGULY)
New Delhi,
March 25, 2009
3