The Single Judge Bench of the Punjab& Haryana High Court, comprising Justice Arvind Singh Sangwan in the case of Suresh Kumar Satija v. Balwinder Singh Touri has imposed a cost of Rs 1 lakh on a police officer who had handcuffed Suresh Kumar Satija, an Akali Dal member, while taking him to market in connection with an investigation in a 2018 forgery case.
Facts of the Case
The petitioner had contested the assembly elections of Abohar constituency and is an active member of Akali Dal. An FIR was registered against the petitioner and was arrested by the Police and was produced before the Court on 18.6.2018 when police remand was given for one day till 19.6.2018.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner has submitted that while producing the petitioner in the Court, he was humiliated as he was put in handcuff and was asked to go through the local market and, thus, there is a violation of the aforesaid two orders, wherein it is held that handcuffing of a person is a cruel and degrading act and should not be ordinarily resorted, except in extreme circumstances and exceptional cases.
Submission of the Respondent
The Counsel on the behalf of the Respondent has submitted that the sons of the petitioner, who are Advocates, were present along with number of his supporters and the respondent apprehended that their intention is to interfering in the investigation, as they stopped the government vehicle to move towards the shop of the son of the complainant. Therefore, as a preventive measure, he was put under handcuffs.
Reasoning and Decision of the Court
The Court was informed that enquiry was conducted by a team of senior police officials, which recorded a finding that the Special Investigating Team has come to a conclusion that SI Balwinder Singh handcuffed the accused keeping in view the situation at the spot and has not violated the directions of the Court.
The Court after hearing learned counsel for the parties observed that it is apparent on record that the petitioner was handcuffed by the respondent on 19.6.2018 when during the course of investigation he was taken to the shop of his sons at Abohar. It is has also come on record that a number of persons gathered at the spot and, therefore, the respondent decided to handcuff the petitioner so as to prevent him from escaping from the police custody.
Learned State counsel, on instructions from the respondent, who is present in the Court, submitted that he is ready to pay a cost of Rs.1,00,000/- to the petitioner. In reply the counsel for the petitioner submits that he has instructions that the petitioner do not want any costs from the respondent and the respondent should be held guilty of the contempt of the directions of the Court.
Therefore, the Court considering the fact that the petitioner was handcuffed by the respondent directed the respondent to pay a cost of Rs.1,00,000/-, which will be deposited in the Punjab and Haryana High Court Employee’s Welfare Association and disposed of the petition.
Case Details
Case:- COCP-2490-2018 (O&M)
Petitioner - Suresh Kumar Satija
Respondent - Balwinder Singh Tour
Counsel for the Petitioner - Mr. K.B. Raheja
Counsel for the Respondent - Mr. Sandeep Khunger
Judge: Justice Arvind Singh Sangwan
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(With input from news agency language)
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