HARBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Article 226 of Constitution of India for issuance of a writ of Habeas Corpus with direction to the respondents to produce Chamkaur Singh @ Kaura son of Harbachan Singh. The custody of said Chamkaur Singh was handed over to ASI Dilbag Singh, HC Harbhajan Singh of Police Station, Sudhar, on 17.4.1991 and the thereafter he was in illegal custody of the police and thereafter his whereabouts were not known.

(2.) IN the written reply, various allegations were controverted.

(3.) AS per the report of the Sessions Judge, Ludhiana, dated 14.12.1999, Chamkaur Singh was in fact missing since April, 1991, in spite of the denial of the Police Officials and that from the statements of Harbachan Singh, Gurbachan Singh and Jasmail Singh, it was alleged that at the relevant time, he was seen in the custody of ASI Dilbag Singh, while being illegally detained in the Police Station, Sudhar and that the whereabouts of Chamkaur Singh were still not known. It was further reported that there was no reliable evidence that he was actually eliminated. It was further reported that this calls for a thorough probe by some impartial investigating agency.