PARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A telegram was received at the residence office of one of us (Kuldip Singh, J. ). This court on 1 1/9/1995 passed the following order:

(2.) Meanwhile Mrs Paranijit Kaur, wife of Jaswant Singh Khaira also filed a petition under Article 32 of the Constitution of India seeking direction in the nature of habeas corpus.

(3.) It is alleged in the petition that on 6/9/1995 at about 9.20 a. m. while the petitioner's husband J. S. Khaira was washing his car outside the gate of House No. 8, Kabir Park, Amritsar, a Maruti Van, sky blue in colour bearing Registration No. BBN-5969, came and stopped close to the place where Mr. Khaira was working. Four uniformed policemen, with black head-dresses (patkas) , and armed with automatic weapons, jumped out of the Van. They hadwalkie-talkie instruments with them. They pointed the weapons at Khaira, mishandled him despite his protests and pushed him into the Van from the rear. It is further alleged that the policemen informed through walkie-talkie to someone presumably their superior that Khaira had been taken into custody and the job/mission was a success. The Van was followed by an open police Gypsy wherein 4/5 policemen, fully armed were standing and an officer was sitting in the front seat. The Gypsy gave cover to the Maruti Van. It is, thus, alleged in the petition that Khaira was kidnapped by some persons in police uniforms at 9.20 a. m. from a busy residential area of Arnritsar.