Bhopal. Due to the negligence of the police, an innocent man had to face four months of jail. Due to the negligence of the police, a 68-year-old tribal elder was punished. The police caught this elderly person with the same name instead of the killer and put him in jail. He was violated by the killer who was on parole. The elder's son filed a habeas corpus petition in the High Court. When the Principal Secretary conducted an inquiry on the court's order, it was found that the police had put the wrong person in jail. The court imposed a compensation of 5 lakh rupees on the rule. In this case, the court also ordered a contempt case against the SDO who gave the wrong affidavit. Husna father Ramsingh (68), resident of village Devadha district Dhar, was arrested by the police on 18 October 2019.
He was charged with murder and was sentenced to life imprisonment by the sessions court in Case No. 41/76 was. He was released on parole but did not return after that. The police presented Husna in court and sent him to jail. Husna kept pleading before the police that he never committed any murder, nor was he ever sentenced by the court, but no one obeyed him. Hussan's son Kamlesh filed a habeas corpus petition in this regard in the High Court. It said that the person who was sentenced to life imprisonment by the court in Case No. 41/76 was Husna father Ram Singh. The man was definitely on parole, but he died on September 10, 2016. The police have arrested the wrong person and sent him to jail for having served a permanent warrant.
On behalf of the government, the SDO gave an affidavit in the court. In this, the action was right and said that the same person has been arrested, who has been sentenced by the sessions court on the charge of murder. On this, the High Court ordered the Principal Secretary (Home) to investigate the matter and tell the court whether Husna father Ram Singh, who was sentenced to murder and Husna father Ram Singh sent to jail, is the same person or different. When the Principal Secretary examined and presented the report, it was found that both the persons are different. The police have carelessly kept the wrong person in jail for four months. An argument was made on behalf of the government that the matter does not come under the habeas corpus. The court rejected this and said that there could not be a better case for habeas corpus. The Court has praised the Principal Secretary (Home), saying that he has prepared the truth in front of the court by conducting an inquiry within the minimum time.
Court to file a contempt case against the SDO who submitted the wrong affidavit in the petition Also ordered Action will also be taken against all those police officers who filled the wrong details in the Roznamcha. The court accepted the habeas corpus petition saying that due to the negligence of the police, the tribal elders had to spend four months in jail. The time the elder has spent in jail cannot be replenished. However, as a compensation to the government within thirty days, they should pay five lakh rupees.
Sudama Nar-Vare / 12 February 2020