BALBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this Crl. Writ Petition, Smt. Balbir Kaur has prayed for issuing writ or order or direction to the State of Punjab directing investigation by an independent agency in regard to the killing of her husband Balbir Singh an Ex-serviceman who was arrested by Lopoke police during 1988 and was shown to have run away from custody which is not a fact. It is alleged that in fact her husband was tortured to death and dead body was thrown and further for adequately compensating her on account of the death of her husband who was the only earning member and further for directing appropriate action including registration of a case and prosecution against all those persons especially respondent No. 3 Shri Surjit Singh, SHO, PS Gharinda during 1988 who had took her husband and eliminated him. It is alleged that during the year 1988 Punjab was gravely afflicted with the menance of terrorism. It was terrorism by terrorists. It was State terrorism also. During those days, Punjab police wielded unbridled power. They snuffed out anybody a life without any compunction and without being accountable. Commission of excesses without compunction by the Punjab Police was a routine. Petitioner's husband also became victim of State terrorism. He was eliminated without any reason. She has been running from pillar to post in quest of justice but it has so far been an idle dream for her. Her husband was in Army. He sought discharge from the Army on account of certain family constraints when he had put in about 4-5 years of service. After discharge, he opened a shop in village Shahura and thus started eking out his livings by honest means. He was leading a peaceful life. He was not associated with any terrorist outfit. He was law abiding having faith in the integrity of India. On 25-1-88, respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda came to village Shahura and arrested her and her husband Balbir Singh on the allegation that they were selling liquor. It was a false case. They are scheduled castes belonging to the lower rungs of the society, as such, could not put up any protest. Entire village vouch-safed their innocence. She was let off after 2 days whereas her husband Balbir Singh was badly tortured. Her brother who is incidentally named Balbir Singh was also picked up from his village which falls in Gharinda police station. He was also badly tortured along with her husband. Village Shahura was not in the jurisdiction of PS Gharinda, as such, respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda was not competent to catch hold of her husband and subject him to inhuman treatment. Respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda did not agree to release her husband although he was approached by her husband's elder brother Jit Singh along with other people. No case was registered against her husband. Respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda took aside Jit Singh and told him that there was serious allegation against his brother Balbir Singh because of which he could be jailed for a long period and also he may have to lose his life. He told Jit Singh to arrange Rs. one lack in case he wanted to save his brother Balbir Singh. Eventually, a sum of Rs. 60,000.00 was settled with him in case they wanted to save the life of Balbir Singh. Jit Singh collected Rs. 60,000.00 by borrowings from various relatives and paid it to respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda on 4-2-88. Her husband was let off by respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda after accepting Rs. 60,000.00. Her family did not want to precipitate the matter because of unbridled powers the police was wielding and the police could take away any body's life with impunity. Rs. 60,000.00 had to be paid to respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda in the interest of the safety of her husband. Bad days were however, looming large on her husband's head. Respondent No. 2 Charanjit Singh who was posted as SHO, PS Lopoke during the year 1988 came to know that her husband had been picked up by respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda and had been let off on receipt of substantial amount by respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda. When her husband came after 7-8 days of his unlawful custody with respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda, he was in bad shape. He had been badly tortured and inhumanly beaten. Still, he was not found guilty of any terrorist activity or any other unlawful activity. Respondent No. 2 took away her husband again in the second week of February, 1988. Arrest of Balbir Singh led to almost an upsurage in the village. A number of people from the village gathered in the police station and vouch-safed about his innocence not involved in any terrorist activity or any unlawful activity and was being harmed unnecessarily. Charanjit Singh, SHO, PS Lopoke respondent No. 2 did not hear their entreaties or assurance and rather demanded Rs. 70,000.00 saying that Rupees 60,000/- had been paid to respondent No. 3, Shri Surjit Singh, SHO, PS Gharinda in whose jurisdiction village Shahura did not fall. Rs. 70,000.00 could not be arranged by her to be paid to respondent No. 2 so as to gag him. Respondent No. 2 was so callous that while taking away Balbir Singh on or around 11-2-88, he snatched some amount from her son Lakhwant Singh who was then studying in 8th class and was to purchase articles for sale on their shop in the village. When her husband was taken to PS Lopoke, he was in such a bad shape that it was difficult for him even to walk. Jit Singh again collected the village panchayat and met respondent No. 2 who reiterated his demand for Rs. 70,000.00. Her family was helplessly waiting for some wise counsel to dawn upon respondent No. 2 and was also in the process of arranging some money to save his life as he was shown to have run away from police custody. As per the newspaper report, he was shown to be a terrorist who was successful in running away while he was being taken on a motor cycle in connection with the recovery of arms. The story put up was that on the motor cycle on which he was being taken slipped resulting in the fall of the police and Balbir Singh and his successful escape from police custody. It is alleged that it was unimaginable that a terrorist would be taken on a motor cycle for the recovery of arms by the police during night. As per her information, he died in police station while being tortured and beaten and this was ploy by the police to account for the death of an innocent person on account of the torture of the police. Her family gave a rejoinder in the newspaper to the aforesaid news appearing in the paper branding her husband as a terrorist detailing therein the circumstances how he was taken by the police and how he was tortured to death by the police. Her family wrote letter to Home Minister, Govt. of India, New Delhi with copies to Governor of Punjab, DGP, Punjab and other functionaries on 15-2-88 raising her voice against the unlawful detention and torture of her husband by the police and his eventual death in police custody. She has not been able to secure justice though in quest of justice, she has been running from pillar to post all these years. She has knocked the door of this Court for directing investigation by independent agency so as to bring to the fore who was responsible for eliminating her husband Balbir Singh. She has also prayed for compensation to the tune of Rs. 20,00,000.00 to be paid to her by the State and the respondents for snuffing out the life of her husband who was quite innocent and who was the sole bread winner of the family.

(2.) Respondents contested this writ petition. It was urged that case FIR No. 21 dated 10-2-88 was registered against Balbir Singh, husband of the petitioner, under Section 307, 148, 149, IPC, 25 Arms Act, 3/4 TADA Act when respondent No. 2 was posted as SHO, PS Lopoke. He arrested him on 13-2-88. It was denied that he snatched any amount from Lakhwant Singh son of the petitioner on 11-2-88. It was also denied that he ever demanded a sum of Rs. 70,000.00 from Jit Singh. It was an admitted fact that Balbir Singh ran away from police custody while he was being taken on a motor cycle for the recovery of arms. Case FIR No. 23 dated 13-2-88 was registered under Section 224, IPC against Balbir Singh at PS Lopoke in which he was declared proclaimed offender. It was also denied that respondent No. 3 who was posted as SHO, PS Gharinda came to village Shahura. It was denied that ever arrested Balbir Singh. It was denied that he raised any demand for Rs. 1 lac on Ajit Singh for saving his brother.

(3.) Vide order dated 2-7-98 passed by this Court, Chief Judicial Magistrate, Amritsar was directed to conduct a fact finding inquiry as to the cause of death of Balbir Singh, Chief Judicial Magistrate, Amritsar went into the matter and submitted report dated 5-6-99. Chief Judicial Magistrate, Amritsar found that there appears to be foul play on the part of respondents Nos. 2 and 3 and it was not believed by her that he was being taken on a motor cycle for the recovery of arms and that he ran away from police custody.