CENTRAL BUREAU OF INVESTIGATION Vs. JASMINDER SINGH

JUDGEMENT

(1.) The Central Bureau of Investigation (for short the C.B.I.) has filed this petition under Sections 397/401 and 482, Cr. P.C. challenging the order of the learned Additional Sessions Judge-cum-special Judge, Patiala dated March 17, 1999 whereby the respondent was discharged.

(2.) On the night intervening July 12/13/1994 Sukhpaf Singh Pali, a Press Correspondent, was abducted from Chular Kalan. An inquiry was conducted by the learned Chief Judicial Magistrate under the orders of Honble the Supreme Court of India. The inquiry revealed that Sukhpal Singh Pali had been abducted by the police. However, the Chief Judicial Magistrate could not pin-point the district to which the police belonged. Case was registered by the C.B.I. under Sections 120B and 364, IPC and investigated. It was found that Sukhpal Singh Pali had been abducted by ASI Massa Singh, H.C. Baljit Singh, Const. Ram Chand and Canst. Sukhwinder Singh on the night of July 12-13. On July 14 ASI Harminder Singh, HC Malkiat Singh and HC Avtar Singh detained Sukhpal Singh alongwith others at Bahadursinghwala and subjected him to torture during investigation. SSP Jasminder Singh of District Sangrur and DSP Surjit Singh, Commando Bn., Ladha Kothi, District Sangrur would visit Bahadursinghwala for interrogating the detainees including Sukhpal Singh.

(3.) It was also found that on July 23, 1994, ASI Harminder Singh and HC Malkiat Singh severely tortured Sukhpal Singh and removed him from Bahadursinghwala in a white van and since then the whereabouts of Sukhpal Singh were not known. The witnesses who confirmed this were L.Nk. Raghubir Singh, Const. S.B. Bishe, SI Brij Bhushan Sharma and others of C.R.P.F. Accordingly the accused were challaned under Sections 364, 342, 343 and 120B. IPC.