MALKIAT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is a habeas corpus petition filed by the father of one Talvinder Singh. The allegation of the petitioner is that since 12.7.1991 Talvinder Singh has been kept in illegal custody by the police officers of District Pi1ibhit, 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 . passed by the Court on 9.3.1992, it can be stated with reasonable certainty that Talvinder Singh was killed in an alleged encounter which took place between the police and 4 Sikh youths on 13.7.1991 at Phagunal Ghat in the jurisdiction of P.S. Bilsanda. From the charge -sheet filed by the CBI 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 7.5.1996 passed the following order :

(3.) IN a similar case i.e. in Writ Petition No. 632 of 1992 this Court awarded Rs. 5 lakhs as compensation. We think that the ends of justice would be met if the respondent -State is directed to pay Rs. 5 lakhs to the petitioner by way of compensation for the death of Talvinder Singh. The State shall pay this amount within 8 weeks. The learned counsel for the State states that the State will take out a draft in the name of the petitioner and will deposit the same with the Registrar of this Court. The Registrar shall hand over the draft to the petitioner after proper identification by Mr. R.S. Sodhi, learned counsel for the petitioner.