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JUDGMENT 1995 (3) SCR 964 The Judgment of the Court were delivered by DR. ANAND, J. On 17.1.1994, Shri Parasmal Rampuria of C.R. Industries Limited filed a petition seeking issuance of a writ of habeas corpus for the release of Dhananjay Sharma from illegal and unauthorised custody of the Haryana Police and for his production in Court. It is alleged in the writ petition that on account of some civil disputes between M/s. Bhanu Iron and Steel Company Limited (in short BISCL) of New Delhi, with a factory at Indore, which is owned by Respondent No. 7, Shri Anoop Bishnoi, son-in-law of Shri Bhajan Lal, Chief Minister of Haryana and M/s. C.R. Industries Limited, a case under Sections 406/420 IPC was got registered by Respondent No. 6 Shri S.K. Kaushik, the Commercial Manager of BISCL, being FIR No. 663/93 at Police Station Sadar, Hissar against Shri Pradeep Rampuria and others. On 17.1.1994, a team of police party, headed by Additional Superintendent of Police, Hissar Shri Sham Lal Goel, respondent No. 4, went to the residence of Shri Pradeep Ram-puria at Diamond Harbour Road, Calcutta, to arrest Shri Pradeep Ram-puria, on the authority of non- bailable warrants of arrest issued against him by the Additional Chief Judicial Magistrate, Hissar. Shri Pradeep Ram-puria was arrested and on 7.1.1994 itself produced before the Chief Judicial Magistrate, Alipore, Calcutta, who released him on bail till 15.1.1994, with a direction to appear before the competent court at Hissar. On 15.1.1994 Shri Dhananjay Sharma, the detenu, who is an employee of M/s. Golden Industries, a sister concern of M/s. CR Industries Limited, along with Shri S.C. Puri, advocate went to Hissar in a taxi (van) bearing registration no. DAE-3668 driven by Sushil Kumar. They appeared in the court of the Addl. CJM Hissar and filed an application seeking exemption from per-sonal appearance of Shri Pradeep Rampuria on medical grounds. After filing the application and obtaining the next date from the court, the detenu, Shri Dhananjay Sharma along with bis lawyer Shri S.C. Puri, left for Delhi in the same taxi car (van) driven by Sushil Kumar. A team of Haryana police officers, riding in six police Gypsy jeeps, way-laid them on Hissar-Delhi road and while, after some arguments Shri S.C. Puri, Advocate, was allowed to go, the detenu and Sushil Kumar alongwith the taxi car were whisked away by the personnel on 15.1.94 and were being illegally detained by the Haryana Police and their whereabouts were not known and that they had not returned to Delhi. Shri S.C. Puri, Advocate filed on affidavit in support of the writ petition, wherein it was inter alia stated:

In obedience to our directions, the CBI conduced an enquiry, recorded evidence, and submitted its report under the signatures of Shri M.L. Sharma, DIC, CBI. Copies of the report and other documents were permitted to be obtained by the parties.

The CBI inter alia in its report submitted :

"Based on the facts and evidence discussed above, the picture emerges that on 15.1.1994, Shri Dhananjay Sharma while travelling back to Delhi after attending the Court of ACJM, Hissar, alongwith Shri S.C. Puri, Advocate, in Taxi No. DAE-3668 (maruti van) driven by Shri Sushil Kumar, was intercepted by Haryana Police near Hissar Cantt., at about 12.30 p.m. Shri S.C. Puri, Advocate, was let off by the Police after 'arguments'. Shri Dhanan-jay Sharma alongwith Sushil Kumar were taken to Police Station, Sadar and confined there in a quarter behind the Police Station from 15th January, 1994 to 17th January, 1994 afternoon. This is borne out by the statements of Dhananjay Sharma, Sushil Kumar and SC Puri, Advocate. Shri Puri after being let off by the Police, made a call to Shri P.P. Malhotra, Sr. Advocate, Supreme Court of India, New Delhi from a PCO Tel. No. 63318 and thereafter came back to Delhi by bus. This finds support form the printout of PCO No. 63318 as also from the Ticket No. 68648 DN/6-93 which he has produced in the course of enquiry. The plea of ignorance about the incident by Shri Anil Davra, SSP, Hissar, Shri Sham Lal Goel, Addl. SP. Hissar and Shri Rajinder Singh, SHO, PS Sadar, Hissar, ex facie does not appear to be correct. The aforesaid three officers have taken special interest in the investigation of case FIR No. 663/93, registered at PS Sadar, Hissar..........
The report of the CBI, clearly indicates that the version given by respondents 3 to 5 and Shri Sushil Kumar in his first affidavit and in his deposition in this Court is palpably false. The description of the place of detention i.e. the malkhana of the Police Station, and identification of the constables who were guarding the detenues at the police station, by the detenu has satisfied us that the version given by Shri Dhananjay Sharma regarding his illegal detention is correct. The evidence collected by the CBI unmistakably supports the version contained in the affidavit of Shri Puri, Advocate. These three respondents denied the allegations made by Dhananjay Sharma, Shri S.C. Puri, Advocate and the petitioner in the writ petition. It is interesting to note that Shri Anil Davra, respondent No. 3 in his affidavit desposed that he had "examined the records of Police Station Hissar" to find out about the correctness of allegations of detention and came to know that the said allegations were false. Since, the detenu and Sushil Kumar, taxi driver had been illegally detained at the police station no record could have revealed, their detention. Therefore, the exercise conducted by Shri Anil Davra respondent No. 3 of examining the record of the police station was obviously a comaflogue and a cover up. That apart, neither Shri Anil Davra nor Shri Sham Lal goel or Shri Rajinder Singh stated in their affidavits that Dhananjay Sharma had not been called to the office of Shri Anil Davra, respondent No. 3 during the detention of Dhananjay Sharma and the taxi driver nor did respondent No. 3 refute the allegations of Dhananjay Sharma that when he was released form custody he was advised to tell Shri Rampuria to meet the police officials. None of the respondents in the counter affidavit have even stated that they had not seen the detenu in the police station between 15.1.1994 to 17.1.1994. They have remained silent on this aspect. Nothing has been brought to our notice from which the correctness of the contents of the affidavit of Shri Puri or Dhananjay Sharma about the illegal detention may be doubted. From a critical analysis of the material collected by the CBI, as Commissioners of this Court, and hearing learned counsel for the parties, we are of the opinion, that Shri Dhananjay Sharma and Sushil Kumar Taxi Driver were way laid on 15.1.94 on the Hissar Delhi Road which they were returning to Delhi in the taxi along with Shri SC Puri, Advocate and while Shri Puri was let off after some arguments with the police personnel, the detenu and Sushil Kumar taxi driver were illegally detained by respondent 3 to 5 at the Hissar Police Station till 17.1.94. The counters filed by respondents 3 to 5 denying the allegations made by the petitioner and in the affidavit of Shri S.C, Puri are palpably false and incorrect.

After carefully perusing the material on the record, including the evidence both documentary and oral as recorded by the CBI and hearing learned counsel for the parties, the following irresistible conclusions there-fore arise:

(a) That the detenu Dhananjay Sharma, driver Sushil Kumar and Shri S.C. Puri, Advocate, were way-laid by the Haryana Police on the Hissar-Delhi road on 15.1.94, though they were not wanted in any case by the Hissar Police.
(b) That while Sh. S.C. Puri, Advocate was allowed to leave after some arguments, the police personnel took Dhananjay Sharma and Sushil Kumar to the police station and detained them there till the evening of 17th January 1994, Neither respondent 6 or 7 nor any of their employees was present with the police on 15.1.94 when Dhananjay Sharma and others were way laid on the Hissar- Delhi border. The affidavit filed by Shri S.C. Puri, Advocate contains a true and correct account of the incident.