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J U D G M E N T Ramaswamy, J.

FIRs were registered with Government Railway Police, Faridabad by the Station House Officer, Ambala Cantonment, Randhir Singh [ASI] against the prime accused, Rahim Khan for offences of fraud and forgery of the railway receipts and cheating and misappropriation. In connection therewith, a police team headed by Ishaq Ahmed, Inspector, C.I.A. G.R.P., Ambala had gone to Agra to apprehend Rahim Khan. When he alluded the investigation team, they took away two minor boys, viz., Afzal son of Rahim Khan and Habib son of Ahmad and kept them in wrongful confinement at different places. Consequently, above writ petitions under Article 32 of the Constitution were filed in this Court for habeas corpus of the minor boys. This Court issued rule nisi on October 29, 1993 and to Ms. Indu Malhotra, Standing Counsel for State of Haryana and directed the matter to be listed on November 1, 1993. On November 1, 1993, this Court directed the Home Secretary, Government of Haryana to personally examine the complaint of illegal detention of two minor boys and to submit a report by November 5, 1993 and the matter was directed to be posted on that day at 2.00 p.m. On November 2, 1993, when Ms. Indu had pointed out to the Court that the Home Secretary was on leave, this Court had modified the order and directed the Director General of Police [DGP] to make investigation and to submit the report on November 5, 1993. In the meantime, on November 1, 1993, Ms. Malhotra wrote a letter to the Home Secretary thus:

"...Two minor children namely Afzal and Habib have allegedly been illegally detained at Ambala. Respondents No.3 and 4 i.e. the Superintendent of Police G.R.P. [C.I.A], [Haryana] have filed two separate affidavits stating that the children are not in illegal custody.
However, an affidavit of an Advocate of U.P. has been filed in support of the Hebeas Corpus petition in the Supreme Court stating that Inspector Ishaque Ahmad, G.R.P. [C.I.R] Ambala Cantt. had informed him that the minor children would be released only if their father surrenders. He has stated that he saw the children in stated that he saw the children in the custody of Ishaque Ahmad."

Head Constable, Krishan Kumar during his examination admitted that he attended the Crime meeting held at Ambala Cantonment on October 30, 1993 along with Randhir Singh. He also stated that in his presence ASI Randhir Singh was directed by Ahlawat to deny allegations of illegal detention of the two boys in the counter-affidavit to be filed in this Court.

Ishwar Singh, being the In-charge of CIA Staff, GRP, Ambala Cantt. had stated during his examination that he was called by Shri Ahlawat on October 30, 1993 and instructed him to meet MS. Indu to assist her in the preparation of the counter-affidavit to be filed in this Court. He stated that he reached Delhi on October 31, 1993 and contacted MS. Indu.

We have elaborately narrated the facts and the proceedings of this Court from which it would emerge that initially Afzal and Habib, two minor boys were taken into custody by Ambala Cantonment police party consisting of Ishaq Ahmad and others who put the boys in wrongful confinement to coerce the accused Rahim Khan to surrender. On filling writ petitions under Article 32, this Court had issued notice and directed investigation at highest level in the State. MS Ahlawat, the Superintendent of Police, Railways, Ambala, in-charge of the investigation, and SHO Randhir Singh, ASI were impleaded as respondent Nos. 3 and