Chaman Lal Saraf (Dead) By LRs. & Ors. Versus State of Haryana & Ors

 

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. M.P. NO. 10148 OF 2013

In

Special Leave Petition (Crl.) No. 2238 OF 1995)

 Chaman Lal Saraf (Dead) By LRs. & Ors.              ….Petitioner(s)

Versus

State of Haryana & Ors. .…Respondent(s) And Ramphal ….Applicant

 

Mr. Ramphal, applicant was enrolled as Constable in Haryana Police on 1.6.1963 and subsequently he got promotions. On 9.4.1992, he was promoted to the rank of Inspector due to his outstanding work and performances. On 25/26.6.1992, when the applicant was posted as Inspector, Station House Officer of Police Station, City Kaithal, it has been alleged that the applicant along with other police officials illegally detained and gave beating to one Chaman Lal Saraf, Ex-M.L.A., and his son Indresh Kumar,(Petitioner Nos. 1 and 2 in S.L.P.(C) No. 2238 of 1995). An Enquiry Commission headed by Shri O.P. Gupta, District & Sessions Judge, Kurukshetra was appointed by the State Government to make an enquiry into the said matter. The said Commission of Enquiry enquired into the allegation of illegal detention and torture of Mr. Chaman Lal Saraf and his son Mr. Indresh Kumar on the night of 25/26.6.1992 by the applicant and Kaithal Police. The Commission of Enquiry submitted its report on 31.7.1993 and recorded a finding that there was an illegal detention and torture of Mr. Chaman Lal Saraf and his son. On the basis of the aforesaid report of the Commission of Enquiry, a departmental enquiry was ordered to be held against the applicant which was conducted by Shri VishalSingh, D.S.P. Panchkula. In the departmental enquiry also, the applicant was found guilty. In the year 1994, not feeling satisfied with the report of the Commission of Enquiry, Shri Chaman Lal Saraf and his son filed a Writ Petition being C.W.P. No. 9899 of 1994 in the High Court praying for issuance of directions to the respondents to hold an independent enquiry through C.B.I. into the alleged incident which took place on 25/26.6.1992.The High Court, vide order dated 13.2.1995, dismissed the said writ petition. Being not satisfied with the dismissal of the aforesaid writ petition, Petitioner Nos.1 and 2 filed S.L.P. (Crl.) No.2238 of 1995 in this Court….read more