SARBJIT SINGH @ SABBAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARABJIT Singh alias Sabba and Sucha Singh, petitioners were arrested in First Information Report No. 33 dated 23.2.1991, registered at Police Station Kathu Nangal District Amritsar under Section 302/34 IPC and Section 25/54/59 Arms Act and were for the first time produced in the Court of the learned Judicial Magistrate I Class on 18.3.81. Since then they have been confined to judicial custody. No Police report under Section 173, Cr.P.C has been submitted so far. The petitioners, by means of this petition under Articles 226 and 227 of the Constitution of India, read with Section 482, Cr.P.C challenge their confinement beyond the statutory period of 90 days since the day of their arrest.

(2.) THE learned Additional Chief Judicial Magistrate, Amritsar, vide order dated 20.6.91, Annexure P3, held that the facts in the case made out a case punishable under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act and as such, the report under Section 173, Cr.PC could be filed within one year from the date of arrest of the petitioners. The petitioners, however, challenge the correctness of this order on the basis that from the FIR only an ordinary crime was made out and they were not liable for any offence punishable under the aforesaid Act.

(3.) ANNEXURE P1 is the FIR which was recorded on the statement of Dewan Singh, Ex -Sarpanch. The FIR so far relevant, reads as under : "Stated that I am a resident of Village Rupowali Kalan and am the Ex -Sarpanch. I have got five sons. The eldest three are living in Amritsar and doing the work of PALLEDARI. The youngest two sons, namely, Surinder Singh and Narinder Singh are living with me and my wife. Dalbir Kaur, in the village. Narinder Singh is in the Army and he had come on leave. Last night, as usual, we went to sleep in our respective separate rooms. I and my wife were in one room. It was about 9 -10 in the night I heard a sound of call in my name, from the street. My son Surinder Singh got up and opened the outside door. In the meantime I also got up and went to the roof. In the courtyard, Subeg Singh alias Tull son of Shingara Singh, Mazbi, Jathedar Piara Singh Fauji son of Teja Singh, Jat, Sarabjit Singh alias Sabba son of Iqbal Singh, Jat and Sucha Singh son of Bachan Singh, Jat, residents of Deh, were standing with their weapons. Within my sight they took away my second son Narinder Singh and Surinder Singh both towards the western side. I remained at the roof top out of fear. After some time I heard the sound of fire shots from out side. But out of fear I did not go out during night time. We got up in the morning and I in the company of my brother Gurnam Singh went towards the side of Phirni. In the Chowk my both sons were lying dead on account of fire shot injuries. After leaving Gurnam Singh to guard the dead bodies I went to Amritsar to inform my other sons. Now I was going to the Police Station when you have met me and recorded my statement. Action be taken. The cause of dispute is that there was a dispute between me and Iqbal Singh on the question of Sarpanchi. They used to call me the Police informant. On account of this grudge, my both the sons have been murdered because they all are having connections with the terrorists. -" The learned counsel urges that, as per prosecution's own showing, this was an ordinary crime.