NARAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition seeks a direction for removal of the name of the petitioner from the Surveillance Register No. 10 kept at Police Station Dera Baba Nanak, Police District Batala.

(2.) IT is alleged that the petitioner's name has been entered in history sheet No. 48A dated 20.4.1987, which came to the knowledge of the petitioner from the stand of the State in complaint No. 26 of 1997 filed by the petitioner before the Punjab State Human Rights Commission seeking protection of his life and liberty. A copy of letter dated 28.9.1999 from the SSP, Batala to IG (Litigation), Punjab, Chandigarh, containing this information is filed as Annexure P-1. In the said letter, it is stated that the petitioner was listed as hardcore terrorist and secret reports were received by the SSP, Batala and DIG, Border Range, Amritsar from time to time from the office of Addl. DGP (Intelligence), Punjab. It is further mentioned that he was arrested in various cases for committing heinous crimes to create terror, but he was acquitted on account of eye witnesses resiling from their statements because of fear. A DDR No. 50 dated 17.9.1997 was also lodged to the effect he was instigating youth against the nation and a statement given to the press was published in Jag Bani on 20.9.1997 to the effect that he would continue his for the creation of Khalistan as a separate sovereign state.

(3.) IT is further stated that under Rule 23.4 of the Punjab Police Rules, Volume III (for short, the Police Rules), the name of a person can be added in the Surveillance Register No. 10 only on six grounds, none of which was existed in the present case.