MALKIAT SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a habeas corpus petition filed by the father of one Talvinder Singh. The allegation of the petitioner is that since 12th July, 1991 Talvinder Singh has been kept into illegal custody by the Police Officers of the District Pilibhit, State of U. P. It is now unnecessary to state other facts and allegations as on the basis of the report filed by the Additional Chief Judicial Magistrate, Pilibhit, pursuant to the order passed by this Court on 9-3-92, it can be stated with reasonable certainties that Talvinder Singh was killed in an alleged encounter which took place between the police and 4 Sikh youths on 13-7-91 at Phagunal Ghat in the jurisdiction of P. S. Bilsanda. From the charge-sheet filed by the C. B. I. against some police officers in respect of deaths of 10 other Sikh youths, it appears that while deceased Talvinder Singh along with other Sikh youths was travelling in a bus, he was made to get down from it and was taken into custody by the police. What happened thereafter and the manner in which the encounter took place is neither explained by the police nor has been stated by the CBI or the ACJM, Pilibhit, who conducted the enquiry.

(2.) In view of the report of ACJM this Court on 7-5-96 passed the following order:

(3.) It is now an accepted position that Talwinder Singh died in the incident which took place on 13-7-91. All attempts to find his body have proved futile. But from the photograph identified by the father and the grand- father of Talwinder Singh, it is established that he is dead, because the police had taken photographs of all those who were killed in those two encounters. Therefore, the only question which now survives in this petition is what amount of compensation should be paid to the petitioner to compensate him for the death of his son.