BALWINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS Public Interest Litigation has been filed by one Balwinder Kaur wife of Nishan Singh, who is presently in custody in the Central Jail, Amritsar. The aforesaid Nishan Singh is an under trial in a case under the N.D.P.S. Act which is pending trial in the Court of the learned Addl. Sessions Judge, Tarn -Taran.

(2.) THE allegation in short on the basis of which this Public Interest Litigation has been filed is that one Hardial Singh, a convict, in connivance with the Respondent No. 5, who is a Deputy Superintendent of Police (Jail), and the Respondent No. 6, a Tehsildar, who is also in custody in the jail, had got executed a General Power of Attorney from the Petitioner's husband for the purpose of securing his release on bail. However, according to the Petitioner, the said General Power of Attorney was utilized to execute a sale -deed of land measuring 48 Kanals 8 Marlas on payment of consideration of Rs.30 lacs. According to the Petitioner, the said sale -deed had been executed by practicing fraud and deceit and no payment of the consideration amount has been given either to Nishan Singh or any member of the family. The Petitioner has further alleged that there is an organized group of convicts in the Amritsar Jail who are committing such acts with the active support of the jail authorities. Hence, the Public Interest Litigation seeking appropriate directions in the matter.

(3.) IN the writ petition filed it has been stated that a complaint in this regard has been filed before the Senior Superintendent of Police, Tarn -Taran on 30.05.2009, a copy of which has been translated and enclosed to the writ petition as Annexure P -3. A similar complaint (Annexure P -4) is stated to have been filed by the Petitioner before the Deputy Commissioner, Tarn -Taran on the same day i.e. 30.05.2009. That apart, in paragraph No. 16 of the writ petition, it has been stated that the Petitioner has instituted a civil suit in the Civil Courts at Tarn -Taran for setting aside the aforesaid sale -deed. Copy of the plaint filed has been enclosed as Annexure P -6. If a complaint has been filed by the Petitioner to the Senior Superintendent of Police, Tarn -Taran alleging commission of the cognizable offences it would be the duty of the said authority to examine the said complaint and thereafter if it satisfied to order for registration of an FIR. Having regard to what has been stated in the complaint Annexure P -3 and the report dated 28.06.2010 of the Addl. Deputy Commissioner, Tarn -Taran attached with the affidavit of Under Secretary to Government of Punjab, Department of Home Affairs and Justice (Jails) dated 24.07.2010 we are of the view that the Senior Superintendent of Police, Tarn -Taran should be directed to act accordingly.