A Rajasthan High Court Bench comprising Justice Sandeep Mehta and Justice Manoj Kumar Garg while dealing with a habeas corpus petition ordered for suspension of cop who allegedly separated an inter-caste faith couple and was accused of threatening them.
Background of the Case
This Habeas corpus Plea was filed by Kavish Nath for the production of his wife. Kavish Nath and his wife belonged to different castes and solemnized an inter-caste marriage. Petitionee belonged to the Jogi caste and his wife belonged to the Rajput community. It was alleged in the Plea that constable Chandrapal Singh was responsible for the removal of corpus i.e Petitioner's wife from the Petitioner.
Submissions made by the Counsels
Learned counsel Shri Sikander Khan representing the petitioner made serious allegations against Constable Chandrapal Singh who was posted at Police Station Karera, District Bhilwara and urged that he had been instrumental in the removal of the corpus from the petitioner’s company.
He further alleged that the said Constable came to his office in the first week of July while the petitioner was present there for signing the habeas corpus petition and threatened him with dire consequences.
The petitioner’s mobile phone was forcibly taken away by Constable Chandrapal Singh and was unlocked and some messages were seen from the same. It was also alleged that when the petitioner and the corpus went to the Police Station Pokhran for police protection the Constable Chandrapal Singh was present there and he snatched the original documents of the petitioner. It was absolutely a gross misconduct on the part of Constable Chandrapal Singh to be present in Court on duty without proper uniform.
Constable on confronting the allegations of Petitioner admitted that he was in Jodhpur on the given date but denied that he went to the office of the Counsel.
Reasoning and Decision of the Court
Hon'ble Court after hearing the Counsels and taking into consideration arguments presented by the Petitioner took a serious exception to the conduct of the Police Constable Chandrapal Singh. He claimed to be on court duty in connection with the present habeas corpus petition but he is not in uniform. Therefore, Court stated that,
"Looking at the serious allegations, we hereby direct the Superintendent of Police, Bhilwara to initiate disciplinary action against the Constable Chandrapal Singh and he shall provisionally be placed under suspension. The preliminary inquiry report of Superintendent of Police, Bhilwara shall be placed for the perusal of the court on the next date of hearing."
The Court directed that,
"corpus shall be set at liberty forthwith and in view of the apparent threat to the safety and security of the corpus and the petitioner, the Court further directed the Superintendent of Police, Jaisalmer to provide security to them and the petitioner's family members till the threat perception to their life persists.”
Case Details
Case Title: Kavish Nath Vs. State of Rajasthan
Bench: Justice Sandeep Mehta and Justice Manoj Kumar Garg
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