VARINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON March 19, 1997 this court had issued a direction instituting an inquiry to be conducted by the learned Sessions Judge, Gurdaspur into the disappearance of Balwinder Singh, Gurbachan Singh and Palvinder Singh. The learned Addl. Sessions Judge, Gurdaspur submitted his report dated September 4, 1997 concluding that although it has not been established that the three missing persons had been abducted by ASI Gurmit Singh and C. Mohan Singh, but it appeared from the evidence that they had been abducted by the police. Therefore, on August 3, 1998 this court entrusted inquiry/investigation of the case to Central Bureau of Investigation. In the meanwhile, the petitioners filed Cr. Misc. 275 of 1998 for grant of compensation of Rs. 3.00 lacs each to the heirs of the three missing persons payable by the State.

(2.) THE C.B.I. registered a case RC-18(S)/98/CBI/STU-XV/CHG on September 4, 1998 under Sections 364/34 IPC. After completion of investigation charge- sheet was filed before the court of Special Judicial Magistrate, Patiala on January 3, 2001 against DSP Prithpal Singh, ASI Gurmit Singh and C. Mohan Singh, all of Punjab Police who were posted as PS Sadar Batala at the relevant time. Consequently, the proceedings have been initiated against the said accused persons, which shall be decided in due course of law. However, the question of payment of compensation to the heirs of the deceased is still to be decided.

(3.) COMPENSATION for death in police custody is an independent remedy which the heirs of the deceased are entitled to irrespective of the outcome of the criminal trial. At the trial the accused persons face a criminal charge, if the charge is established the accused face conviction and sentence, they may also become liable to payment of compensation under Section 357 Cr.P.C. The relief which the petitioners are claiming is not against the accused but against the State. The weight of the legal precedence is in favour of the petitioners and entitles them to be suitably compensated by the State and this is irrespective of whether the charge against the accused is established or not. It is tempting to give details of the charge-sheet/final report filed by the C.B.I. but judicial prudence refrains this court from making any reference to the charge-sheet for fear of causing prejudice to the accused at the trial. However, the fact of the matter is that charge-sheet has been filed against DSP Prithpal Singh, ASI Gurmit Singh and C. Mohan Singh for offences u/s 120-B read with Sections 364 and 342 IPC for which the accused are facing trial.