HARJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Articles 226 and 227 of the Constitution of India for issuance of a writ of Habeas Corpus for securing the release of husband of the petitioner i.e. Surinder Singh son of Tarlok Singh, who is alleged to be in illegal custody of respondents Nos. 2 to 6 since 7th July, 2000. A prayer was made in the petition for issue of a roving writ and for appointment of a Warrant Officer. The petition had been filed on 11th July, 2000. When the matter came up for a preliminary hearing on 11th July, 2000, notice was issued for 18th July, 2000, but Warrant Officer was not appointed as it was stated at that stage that the whereabouts of the detenu were not known.

(2.) The petitioner is the wife of the alleged detenu Surinder Singh. At the relevant time, he was working as ASI in the Bhatinda Police. He was also working as a Cashier in the Office of the Senior Superintendent of Police, Bhatinda, respondent No. 2. The allegation in the petition is that for the last 2-3 months, respondent No. 2 was annoyed with the husband of the petitioner. He had told the petitioner that respondent No. 2 is likely to harm his career. At about 6 a.m. on 7th July, 2000, a Police party consisting of Inspector Balwinder Singh, SI Kirpal Singh, ASP P. K. Rai, Jaspreet Singh Sidhu DSP (R) and Jatinder Jain, Senior Superintendent of Police, respondent No. 2 along with a number of gunmen raided the house of the petitioner and bundled the husband of the petitioner in a jeep and he was taken to an unknown place. The petitioner made every effort to know the whereabouts of her husband but to no avail. On 8th July, 2000, the petitioner sent telegrams to the Chief Justice of Punjab and Haryana High Court, Director General of Police, Punjab and the Chairman, Human Rights Commission. The telegrams were sent at 10.30 a.m. as the husband of the petitioner was not produced in any Court till that time. When the fact of sending the telegram came to the knowledge of respondent No. 2, he directed that the petitioner be also taken into cutody on 8th July, 2000. Consequently, the petitioner was also taken into custody on 8th July, 2000 at about 6.30 p.m. She was kept in illegal custody for the whole night intervening 8th and 9th July, 2000. On 8th July, 2000, some Police Officers came to the residence of the petitioner and forcibly took away the keys of the cash and number of documents/registers which were in the custody of the husband of the petitioner being the Cashier in the office of the Senior Superintendent of Police, Bhatinda. No receipt was executed for taking away the documents and the keys of the cash. When the petitioner approached respondent No. 2 for release of the husband ofthe petitioner, she was threatened by respondent No. 2 and told that her husband will be implicated in a serious false case. She apprehends that the life of her husband is in danger and thus the present Habeas Corpus petition was filed for the release of her husband.

(3.) In support of her case, the petitioner had also filed an affidavit of one Sukhdev Singh S/o Karnail Singh dated 23rd July, 2000. In this affidavit, serious allegations were made against SSP Jatinder Jain, respondent No. 2. At the time of filing the affidavit, Sukhdev Singh, ASI was posted in Chief Minister's Security, Punjab. In this affidavit, it is stated that the husband of the petitioner was seen by him in the Police Station Kotwali, Bhatinda on 8th July, 2000. It is also stated that Surinder Singh ASI and Shashi Atwal had been beaten up badly in the police Station under the direct supervision of Jatinder Jain, Senior Superintendent of Police, Bhatinda. Surinder Singh is further alleged to have told Sukhdev Singh that an amount of Rs. 3 lacs was spent by Jatinder Jain SSP on welfare Fund on different items i.e. purchase of Cellular phones, payment of petrol bills and payment of Rs. 1 lac to the Reader of Shinder Pal Singh Brar for effecting a compromise in a case. Surinder Singh had made the payment on the orders of respondent No. 2 and now when Surinder Singh requested Jatinder Jain to return the amount of Rs. 3 lacs, he became annoyed. Due to this reason, Surinder Singh had been tortured and detained in the Police Station on 8th July, 2000. Surinder Singh is stated to have expressed his apprehensions that he will be implicated in false case and killed in a fake encounter. Surinder Singh is also stated to have given a handwritten letter to be delivered to the petitioner. The deponent is stated to have searched for the wife of Surinder Singh (the petitioner) and could not find her for 3 to 4 days. He delivered the letter to her on 12th July, 2000. It is at that time that the deponent is stated to have narrated the whole story to the wife. The Habeas Corpus petition is filed on 11th July, 2000. The deponent also expressed in apprehension that on filing the present affidavit, his career will also be spoiled by respondent No. 2. A similar affidavit has been filed by one Mithan Singh, Head Constable, Police Lines, Bhatinda. He has stated that he had gone to Police Lines, Bhatinda, on 15th July, 2000 for some personal work. He saw Surinder Singh and Shashi Atwal, ASI. There again Surinder Singh is stated to have repeated the same story which he had earlier told to Sukhdev Singh. This affidavit is filed on 8th August, 2000. Since the allegations made in the affidavit of Sukhdev Singh were serious, respondent No. 2 was directed to file an affidavit in detail. Consequently, respondent No. 2 has filed his affidavit on 20th August, 2000.