AMRIK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these writ petitions seek a direction to Respondent No. 1 Union of India, Ministry of Home Affairs ("MHA") to withdraw the Police Medal for gallantry conferred on Respondent No. 3, Mr. Amod Kanth, and Respondent No. 4, Mr. S. S. Manan, by a Presidential Notification No. 64 dated 7th June 1985. Factual background

(2.) The Petitioner in Writ Petition (Civil) No. 11706 of 2005 is Mr. Amrik Singh (Lovely) s/o late Mr. Faqir Singh and the Petitioner in Writ Petition (Civil) No. 1760 of 2005 is Mr. Trilok Singh s/o late Mr. Amir Singh. Mr. Faqir Singh and Mr. Amir Singh were brothers. Their family had migrated during the partition and settled in Delhi. They were residing at House No. 2176, Street No. 1, Chuna Mandi, Pahar Ganj, New Delhi. Mr. Amrik Singh, with his mother Smt. Gurbachan Kaur and four brothers, one sister-in-law and her two children and one minor sister, lived on the first floor. In October 1984, one of their relatives Mr. Narinder Singh also came to stay with them. On the second floor, the family of Mr. Amir Singh was residing. This included his wife Smt. Gurcharan Kaur, the Petitioner Mr. Trilok Singh, two minor sons and two daughters. There were three shops on the ground floor which were run by the families of the two brothers. It is stated in the petition filed by Mr. Trilok Singh that the relations between the two families were not cordial and FIR No. 147 dated 22nd May 1984 had been registered at Police Station Naraina against Mr. Faqir Singh's four sons.

(3.) On 31st October 1984, in the wake of the assassination of the Prime Minister late Smt. Indira Gandhi, riots broke out with mobs attacking the Sikh community. It is stated that around 8 a.m. on 1st November, 1984, the Petitioners heard a lot of noise coming from the side of Multani Dhanda. The Petitioners saw a crowd coming to Raj Guru Road breaking open the shutters of two hardware shops of the Sikhs and looting and burning the shops. It is stated that the family of late Mr. Amir Singh took shelter in the house of a Hindu neighbour. Later they returned to their house at Building No. 2176 on 3rd November, 1984, after the neighbours told them that they were being threatened on telephone for sheltering Sikhs. On 3rd November 1984, late Mr. Faqir Singh called the military and the military and the police evacuated the two families. They were taken to the Police Station Pahar Ganj in a military vehicle. Both families, i.e., of late Mr. Amir Singh and late Mr. Faqir Singh, stayed in the Police Station till 5th November 1984. On the morning of 5th November 1984, the police informed the two families that since the situation was now peaceful, they should return to their homes. They then returned to their respective houses.