SWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have filed this petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of Habeas Corpus for the release of Amar Singh detenu from the illegal custody of the respondents.

(2.) This petition was, initially,filed by Major Singh, unfortunate father for release of his son Amar Singh. During the pendency of the petition, Major Singh died and Swinder Kaur, mother of detenu and others were brought on record as the legal representatives of deceased-Major Singh vide order dated 4.12.2008.

(3.) The case of the petitioner-Major Singh was that on 8.12.1992, Amar Singh had gone to Amritsar for shopping but did not return back home. On inquiry, he found that his son had been taken away by respondent No. 4 and other 4/5 police officials from the bus while he was travelling from Amritsar to his village. When Major Singh met respondent No. 4, he was also detained by respondent No. 4. Petitioner-Major Singh and his son Amar Singh were interrogated for a week and were tortured by respondent No.4. Thereafter, Major Singh was released after a week. However, Amar Singh was not released by respondent No. 4 and Major Sigh later came to know that his son had been falsely involved by Faridkot Police in FIR No. 91 dated 14.12.199 under Section 307 IPC and 25 of the Arms Act.