the High Court of Rajasthan earlier this week he ordered disciplinary action against the gendarme and requested his provisional suspension, accused of having separated an intercast couple and threatened the man who had filed a habeas corpus petition requesting the production of his wife.
The court also took serious exception to the conduct of the Police Officer Chandrapal Singh as if he was claiming to be on duty as part of the habeas corpus request, but he was not in uniform
The bench of Judge Manoj Kumar Garg and Judge Sandeep Mehta heard the habeas corpus plea of a certain Kavish Nath asking for the production of his wife. The applicant and the corpus belong to different castes. While the applicant is Jogi by caste, the corpus originates from the Rajput community
On Tuesday July 13, she was present before the Court and the judiciary spoke with the corpus and concluded prima facie that she was under pressure and that she was not able to make a statement without coercion / coercion .
The lawyer representing the applicant made serious allegations against an officer, Chandrapal Singh, who is stationed at the Karera police station, Bhilwara district, and claimed that he had been instrumental in the removal of the corpus from the company of the applicant.
It was further alleged that the said officer came to his office during the first week of July while the applicant was present there to sign the habeas corpus request and threatened him with disastrous consequences.
The petitioner’s cell phone was reportedly forcibly confiscated and unlocked and some messages were seen from him.
It was also alleged that when the applicant and the corpus went to the Pokhran police station to present the police protection order, the gendarme was present and he tore off the applicant’s original documents.
Faced with these allegations, the police officer admitted he was in Jodhpur on the date given, but denied going to the attorney’s office.
In addition, the Court ordered as follows:
“In light of the serious allegations, we hereby order Police Superintendent Bhilwara to initiate disciplinary action against Constable Chandrapal Singh and he will be provisionally suspended. Police Superintendent Bhilwara’s preliminary investigation report will be submitted to the court for review at the next court date.. “
Finally, on July 16, the Court ordered that the corpus be released immediately and in view of the apparent threat to the security of the corpus and the applicant, the Court further ordered the Superintendent of Police, Jaisalmer, to ensure the safety of themselves and the applicant’s family members until the perception of threat to their life persists.
Case title – Kavish Nath v. State of Rajasthan and others
Click here to download the order