State Of Punjab & Ors vs Paramjit Kaur & Ors

State of Punjab & Ors. ....Appellants

Versus

Paramjit Kaur & Ors. ....Respondents

JUDGMENT

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

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