Disposed

Bagha Singh Alias Subash Kumar Singh v. the State of Jharkhand

Jharkhand HC10 Feb 2021WPC/4381/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ petition alleging illegal confinement by police officials after his lawful release on bail. The Court, without expressing an opinion on the factual allegations, held that the matter is not suitable for adjudication under writ jurisdiction and directed the Inspector General of Police to conduct a proper inquiry within three months.

What did the court decide?

Respondent No. 5 directed to conduct proper enquiry into allegations of illegal confinement within three months.

Bagha Singh Alias Subash Kumar Singh… — Constitutional and Fundamental Rights | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 4381 of 2020

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Bagha Singh @ Subash Kumar Singh ….. Petitioner Versus

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The State of Jharkhand

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The Superintendent of Police, Ramgarh

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The Deputy Superintendent of Police, Ramgarh

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The Officer-in-Charge, Gola Police Station, Ramgarh

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The Inspector General of Police, South Chotanagpur Zone, Ranchi

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….. Respondents ----- CORAM

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HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner: Mr. Jai Prakash, Sr. Adv. For the State: Ms. Supriya Minz, A.C to G.A-V -----

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03/10.02.2021 The case is taken up through Video Conferencing.

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The present writ petition has been filed for issuance of show cause to the respondents as to under what authority, they confined the petitioner and kept him as such for several days after he was released from the judicial custody in terms with the release order dated 06.12.2019 issued by a competent Court of law. Further prayer has been made for getting the matter inquired by any superior authority regarding the illegal act of concerned police officials of Ramgarh Police force whereby the freedom of a citizen was put to jeopardy.

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Mr. Jai Prakash, learned Sr. counsel for the petitioner, submits that the petitioner was arrested in connection with Patratu P.S. Case No. 142/2018 (G.R. No. 603/2018) registered under Sections 25(1)(b)(a)/26/27/30/35 of the Arms Act and was sent to judicial custody on 14.05.2018. Thereafter, the petitioner moved the learned Sessions Judge, Ramgarh for grant of regular bail in the said case, which was allowed vide order dated 05.12.2019 passed in B.P. No. 550/2019. Accordingly, the petitioner furnished the bail-bonds and on acceptance of the same, he was ordered to be released by the concerned Court on 06.12.2019. After receipt of the release order of the concerned Court by the Ramgarh Jail authorities, the petitioner came out of the Ramgarh Jail at 7 P.M on 06.12.2019 and at that time, Shri Brajesh Singh (‘Bahnoi’ of the petitioner) and Smt. Geetanjali Devi (‘Bhabhi’ of the petitioner) were present at the jail

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gate to receive the petitioner. When the petitioner came out of the said jail, three police personnel of Gola Police Station arrived there. One of them entered the jail compound from the first gate while two others were sitting in a silver colour ‘Bolero’ vehicle parked on the road. The police personnel who entered inside the jail compound, caught hold of the petitioner and on being resisted, two other police personnel also came out of the ‘Bolero’ vehicle and all of them forcibly took the petitioner to Gola Police Station. Thereafter, the petitioner was not allowed to meet his ‘Bahnoi’ and ‘Bhabhi’, who were present there to receive him.

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It is also submitted that the petitioner was illegally confined by the said police personnel in Gola Police station from 9 P.M of 06.12.2019. Thereafter, the petitioner’s ‘Bahnoi’ and ‘Bhabhi’ again came to Gola Police station on 09.12.2019, but they were not allowed to meet the petitioner and he was also not released from illegal confinement. On 12.12.2019, the respondent Nos. 2 & 3 came to Gola Police station and met the petitioner. On 13.12.2019, the ‘Bahnoi’ and ‘Bhabhi’ of the petitioner as well as Shri Anil Singh (the brother of the petitioner) again visited Gola Police station and on that date, the petitioner was released from illegal confinement. The police personnel who were present there, got a paper singed by ‘Bahnoi’, ‘Bhabhi’ and the brother of the petitioner to the effect that he was handed over to them safely.

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Under the aforesaid factual context, learned Sr. counsel for the petitioner submits that the petitioner was put to illegal confinement by the police personnel of Gola Police Station from 9 P.M of 06.12.2019 till he was handed over to his ‘Bahnoi’, ‘Bhabhi’ and the brother on 13.12.2019. It is also submitted that lodging of any criminal case was not possible as the said police personnel were posted in the same police station where the said occurrence took place. Under the said compelling circumstance, the petitioner has filed the present writ petition.

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Ms. Supriya Minz, learned A.C to G.A-V appearing on behalf of the respondents, submits that the allegation made by the petitioner in the present

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writ petition is completely factual which cannot be adjudicated under writ jurisdiction of this Court. However, the petitioner’s allegation made in the writ petition will be properly inquired by a senior authority of the State Government.

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Having heard learned counsel for the parties and keeping in view the nature of the allegation made by the petitioner in the present writ petition, without expressing any opinion on the same, the respondent No.5 is directed to conduct proper enquiry in the matter to find out the veracity of the allegation made by the petitioner against the police officials in the present writ petition and to take further steps based upon the outcome of the said enquiry which must be completed within three months from the date of receipt/production of a copy of this order.

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The present writ petition is disposed of with aforesaid observations and directions.

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(RAJESH SHANKAR, J)

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Satish/-

Bagha Singh Alias Subash Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bagha Singh Alias Subash Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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