STATE OF PUNJAB Vs. VINOD KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Learned Single Judge of Punjab and Haryana High Court while hearing Writ Petitions filed in respect of the alleged disappearance of three persons (Vinod Kumar, Ashok Kumar and Mukhtiar Singh) passed certain directions in the impugned judgment. Investigation of the case was already ordered to be entrusted to the Central Bureau of Investigation (CBI). The directions are these: 1. The investigation report shall be submitted within one month before the Chief Judicial Magistrate, Ambala and not before the Chief Judicial Magistrate of Ludhiana. 2. The State Government shall accord necessary sanction as provided under Section 197 of the Code of Criminal Procedure without any delay when asked by the Central Bureau of Investigation (to whom the investigation had been entrusted). 3. By way of an interim measure State Government was directed to pay a sum of Rs. 2,00,000. 00 (two lakhs) each to the wife and children of Ashok Kumar and Mukhtiar Singh within one month from the date of the judgment. It was made clear that such payment shall be made without prejudice to the right of those persons to claim compensation against the State or any other person who may be found ultimately responsible in the matter.

(3.) The State of Punjab has filed Special Leave Petitions in challenge of the second direction mentioned above. One Ashok Kumar has filed the Special Leave Petition against denying ex gratia compensation to him as he was also illegally detained according to him.