HARCHET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to pay a sum of Rs. 5 lacs as compensation to the victim's family on account of killing of Shiv Charanjit Singh by the police while he was in their custody.

(2.) The pleaded case of the petitioner is that Shiv Charanjit Singh was the son of the petitioner who was a student of B.Sc. in the Punjab Agriculture University, Ludhiana and resident of 350-C, Model Town Extension, Ludhiana. On 09.07.1989, at about 8 p.m., he was forcibly picked up from his house by police party headed by Mr.Chatopadhyaya, DSP, Ludhiana and other members of the police party were ASI Sant Kumar, ASI Gurdial Singh, Shankar Dass, SHO, Police Station-Sudhar.

(3.) In the written statement filed on behalf of respondents No.1 & 2, the defence taken was that while deciding the Cr.W.P. No.2391 of 1989, it had been observed that the allegations made in the telegram that Shiv Charanjit Singh was picked by Shri S.Chattopadhaya, A.S.P., Ludhiana, had been negatived by the Learned Sessions Judge, Ludhiana and that he also could not be sure whether the death was caused by Sant Singh or Gurdial Singh and it had been further held that it would not be appropriate to order registration of a case against S.I. Shankar Dass and his companions. The oral contention that the Court should award compensation was held not tenable in the circumstances of the case and the petitioner was not entitled to the relief claimed on the same facts without any additional factors since no appeal had been filed against the said order. The writ petition having been filed after five years of the alleged occurrence deserved dismissal and that no writ lies for the relief claimed since disputed questions of fact were involved. Even otherwise, the writ petition was filed after the exp,iry of the period of limitation. It was further submitted that the deceased, Shiv Charanjit Singh was resident of Village Manuke, P.S. Jagraon, as per the record of the office and not of 350-C, Model Town Extension, Ludhiana. It was denied that on 09.07.1989 at about 8 p.m., Shiv Charanjit Singh was picked up from his house by the police party headed by Shri S.Chattopadhaya, A.S.P., Ludhiana and consisting of other members. It was further denied that the deceased was picked up in the presence of Dr.Jagdev Singh and other members of his family, rather, he was never in the custody of the police and that on the night of 18-19.07.1989, the police party held nakabandi headed by S.I.Shankar Dass, the then SHO of P.S. Sudhar in chowk Kaillay on the Pakhowal road when at about 12.05 a.m., two scooterists came from the Pakhowal side and they were asked to stop with torch light. They threw away the scooters on the road and started firing on the police party after taking positions on the bank of the road. Police party also took positions and fired in self defence. The firing from both sides continued for about 10 minutes. When the firing stopped from the other side, the police party found one scooterist, aged about 23-24 years with height 5' 6'' and of wheatish colour, lying dead. One A.K.47 rifle, one magzine loaded with 20 cartridges and 20 empty cartridges of A.K.47 were taken into possession along with the scooters. The other scooterist ran way from the spot. The dead body was later on identified to be of Shiv Charanjit Singh Ramdasia resident of Village Manuke, P.S. Jagraon by one Major Singh son of Bakhtawar Singh resident of Mullanpur. The deceased had links with Jaswant Singh Hirdewal, a hardcore extremist. The encounter was verified by Shri Joginder Singh, DSP who found the above facts to be true. The allegations regarding the enquiry ordered by this Court and the conclusions were admitted but it was denied that the deceased was picked up by the Punjab Police from his house on 09.07.1989 or from anywhere else. It was further denied that the petitioner was entitled for exemplary damages for infringement of his rights guaranteed by the Constitution of India and it was denied that the petitioner had met the answering respondents and her written representation had not been received in the office of the answering respondents. The petitioner's son had died in a real encounter and it was denied that any fundamental right of the petitioner had been violated. The deceased had links with the extremists and he had died in a real encounter and thus, the petitioner was not entitled for monetary compensation. The fact that the father of the deceased had sent a telegram to the Hon'ble Chief Justice was admitted and the enquiry which was ordered. ASI Gurdial Singh and ASI Sant Kumar were neither summoned during this enquiry nor their statements were recorded. Learned Sessions Judge, Ludhiana had not held any police official responsible for picking up Shiv Charanjit Singh from his house on 09.07.1989. He had died in an encounter on 18/19.07.1989 and, therefore, the petitioner had no right for compensation.