JAGE RAM, INSPECTOR OF POLICE & ANR. versus HANS RAJ MIDHA

JAGE RAM, INSPECTOR OF POLICE & ANR. versus HANS RAJ MIDHA

The High Court's findings that the detenu had been taken into custody prior to May 10, 1968 and tortured were supported by the detenu's statement, the Court Reader's report and the Chief Medical Officer's medical report; the appellants had an opportunity to explain by filing affidavits; the remarks were based on record and were necessary to protect fundamental liberty in habeas corpus proceedings, therefore the appeal to expunge those remarks was dismissed.

Parties
Appellant Inspector of Police: Jage Ram; Appellant Assistant Sub Inspector: Dayal Chand; Respondent Petitioner in the Habeas Corpus: Hans Raj Midha
Jurisdiction
India
Judgment Date
18 November 1971
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated May 20, 1968 of the Punjab and Haryana High Court in Criminal Original No. 50 M of 1968
Outcome
Appeal dismissed
Legal Topics
Expunging of Remarks Against Authorities, Custodial Torture and Medical Examination, Remand and Production of Detenu, Judicial Comments on Executive Action
Habeas Corpus Criminal Procedure Constitutional Law Police Misconduct Judicial Review Expunging of Remarks Against Authorities Custodial Torture and Medical Examination Remand and Production of Detenu +1 more

Case Brief

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Parties

Jage Ram

Appellant Inspector of Police

Dayal Chand

Appellant Assistant Sub Inspector

Hans Raj Midha

Respondent Petitioner in the Habeas Corpus

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated May 20, 1968 of the Punjab and Haryana High Court in Criminal Original No. 50 M of 1968

Legal Issues

  1. 1 Whether the High Court's disparaging remarks against police officers should be expunged
  2. 2 Whether the detenu had been taken into custody before May 10, 1968 and subjected to torture
  3. 3 Whether the High Court's orders in the habeas corpus proceedings were justified and necessary for safeguarding liberty

Ratio Decidendi

The High Court's findings that the detenu had been taken into custody prior to May 10, 1968 and tortured were supported by the detenu's statement, the Court Reader's report and the Chief Medical Officer's medical report; the appellants had an opportunity to explain by filing affidavits; the remarks were based on record and were necessary to protect fundamental liberty in habeas corpus proceedings, therefore the appeal to expunge those remarks was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed