KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petition under Article 226 of the Constitution of India, seeking an inquiry by the District and Session Judge, Gurdaspur, into the kidnapping and subsequent killing of Harpal Singh in a fake encounter by Kapurthala police and with a further direction to pay adequate compensation to the dependents of the deceased, Harpal Singh.

(2.) THE allegations made in the petitioner were controverted by the other side. Vide order dated 10.7.1996, this Court had directed the Sessions Judge, Gurdaspur, to hold an inquiry into the averments made in the petition regarding the taking of Harpal Singh by respondent No. 3 and after recording evidence, the Sessions Judge was directed to submit his inquiry report, after recording the finding of fact on the said matter. It was further directed that the case shall be listed for hearing after receipt of the inquiry report from the Sessions Judge, Gurdaspur.

(3.) AFTER hearing both the sides, this Court, vide order dated 18.11.1997, entrusted the case to the CBI with the direction to proceed in the matter expeditiously and to investigate the incident of kidnapping and whereabouts of Harpal Singh. It was further directed that the case shall be listed after the receipt of report from the CBI. Thereafter, the matter was investigated by the CBI. After investigation, the CBI found that a case under Section 364 read with Section 120-B, IPC, was made out against ASI Harinderpal Singh and other unknown Police Officials. The State Government issued necessary sanction to prosecute ASI Harinderpal Singh, vide order dated 24.10.2000.