1996 (1) TMI 434 - SC - Indian Laws

Summary

Issues Involved:
1. Illegal Detention of Minor Boys
2. Forgery of Signature on Affidavit
3. False Affidavit and Contempt of Court

Summary:

1. Illegal Detention of Minor Boys:
FIRs were registered against Rahim Khan for fraud and forgery. A police team led by Inspector Ishaq Ahmed went to Agra to apprehend Rahim Khan but instead detained two minor boys, Afzal and Habib. Habeas corpus petitions were filed in the Supreme Court u/s Article 32 of the Constitution for the release of the minors. The Court issued rule nisi and directed the Home Secretary of Haryana to investigate the illegal detention. The investigation revealed that the minors were wrongfully confined to coerce Rahim Khan to surrender.

2. Forgery of Signature on Affidavit:
The Supreme Court noted that Inspector Ishaq Ahmed was primarily responsible for the wrongful confinement. A forged affidavit was filed in the Court with the signature of M.S. Ahlawat, Superintendent of Police, allegedly denying the illegal detention. The Court ordered a detailed inquiry, which revealed that Head Constable Krishan Kumar forged Ahlawat's signature on the affidavit under the instructions of SI Ishwar Singh and ASI Randhir Singh. The CBI investigation confirmed the forgery and implicated Ahlawat, Ishwar Singh, and Randhir Singh in the conspiracy.

3. False Affidavit and Contempt of Court:
The Court found that Ahlawat, Ishwar Singh, and Randhir Singh filed false affidavits denying the illegal detention of the minors. Ahlawat's subsequent affidavit on November 5, 1993, claimed that his signature was forged without his knowledge, which was found to be false. The Court held that Ahlawat had instructed his subordinates to forge his signature to avoid perjury charges. The Court convicted Ahlawat, Ishwar Singh, and Randhir Singh u/s 193 IPC for making false statements and for contempt of court under Article 129 of the Constitution. Ahlawat was sentenced to one year of rigorous imprisonment, Ishwar Singh to six months, and Randhir Singh to three months. Krishan Kumar was exonerated with a warning.

The Director General of Police, Haryana, was directed to take the convicts into custody and report compliance. The writ petitions were closed, and the Court appreciated the prompt investigation by the CBI officers.