The High Court of Punjab & Haryana has awarded ₹1-lakh compensation each to a Rupnagar woman & her daughter, who in 2019 were illegally detained by the District Police for 2 days without making any entry in official records.

The HC Bench of Justices Rajiv Sharma & HS Sidhu while awarding the compensation ordered that the amount may be recovered from the erring officials. “If such an action is condoned, it would be prone to grave misuse. The requirements of law & the procedures have to be strictly complied with,” the bench observed, terming the detention illegal.

The division bench was answering a criminal reference made by a single Judge on the petition of Parneet Kaur, who on Sept 4, 2019, approached the High Court with a petition, seeking the release of her mother Harvinder Kaur & sister Rupinder Kaur from the detention of Rupnagar police.

The High Court appointed a warrant officer, who visited the Police Station the same evening & found both the woman, but not in the lockup. The warrant officer didn't find any entry in the Police station’s records, & on enquiring from the 2, he was told they were kept there for “protection”.

The single Judge taking note of these facts had referred the matter to the division bench for appropriate orders, observing that even if it is accepted that some persons had tried to cause harm to them, the women couldn't be kept in the police station for 2 days without even making an entry & without informing the district/area magistrate.

Were kept there in good faith: Police

According to Police, the women had complained of a theft at their house on Sept 2 & named some individuals of the village.

When Police reached there, some villagers began abusing & beating them, & cops had to resort to lathi-charge to disperse the crowd. Some cops were also injured. The women were then taken to the Police Station, where they were permitted to stay back until the situation got normalised, police had argued.

However, there were allegations from the women’s family that police were also making enquires about Harvinder Kaur’s husband, Parvinder Singh, who is at large & wanted in a murder case.

The division bench didn't accept the argument of Police that it was not a case of illegal detention & both were rescued by police from their village & kept in “good faith to protect their lives” from an angry mob. 

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