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Issues Involved:
1. Legality of the detention of Prem Prakash Midha. 2. Allegations of torture against the police officers. 3. Validity of the remarks made by the High Court against the police officers. 4. Procedural propriety of the High Court's intervention. 5. Opportunity for the police officers to explain their conduct. Detailed Analysis: 1. Legality of the Detention of Prem Prakash Midha The appeal concerns the expunging of remarks made against the appellants in an order by the Punjab & Haryana High Court on a Habeas Corpus Petition filed for the production of Prem Prakash Midha, who was allegedly detained illegally by the Central Investigation Agency (CIA) Staff Karnal. The High Court found that Prem Prakash Midha was taken into custody on 5th May 1968 and was tortured by the respondents. His arrest was falsely documented as occurring on 10th May 1968. 2. Allegations of Torture Against the Police Officers The High Court, after examining the statement of the detenu and the medical report, concluded that Prem Prakash Midha had been tortured. The Chief Medical Officer's examination on 11th May 1968 revealed multiple injuries on the detenu, corroborating his claims of torture. The High Court found that the affidavits sworn by the respondents did not represent the true state of affairs and that calculated falsehood had been imported in material particulars. 3. Validity of the Remarks Made by the High Court Against the Police Officers The appellants contended that the remarks were unjustified and adversely affected their careers. However, the Supreme Court upheld the High Court's findings, stating that the remarks were based on evidence and were necessary to safeguard the freedom of the citizen. The Court emphasized that judicial pronouncements must be judicial in nature and should not depart from sobriety, moderation, and reserve. 4. Procedural Propriety of the High Court's Intervention The High Court's intervention, including the appointment of its Reader to accompany the petitioner and search the CIA Staff office, was deemed justified given the urgency and the nature of the allegations. The Supreme Court noted that while courts can direct magistrates to conduct inquiries, in urgent cases, the High Court's direct intervention was appropriate. 5. Opportunity for the Police Officers to Explain Their Conduct The appellants argued that they were not given an adequate opportunity to explain their conduct. The Supreme Court rejected this contention, noting that the appellants had filed detailed affidavits and had the opportunity to present their version of events. The Court found that there was sufficient evidence to support the High Court's findings, and the appellants had failed to provide a credible explanation for the discrepancies in their statements. Conclusion The Supreme Court dismissed the appeal, finding no grounds to expunge the remarks made by the High Court. The Court affirmed that the High Court's findings were based on evidence and were necessary to protect the constitutional rights of the detenu. The appeal was dismissed, and the remarks in the High Court's order were upheld.
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