BIBI GURNAIL KAUR Vs. SWARAN SINGH

JUDGEMENT

(1.) SMT . Gurmail Kaur wife of Bhai Gurdev Singh Kaunke moved the present petition under Article 226 of the Constitution of India and it came before N.K. Kapoor, J., on 1.1.1993 during the spell of winter holidays and a Warrant Officer was deputed to search Bhai Gurdev Singh Kaunke at the premises of Police Station, Jagraon etc. Shri Hari Chand, a Warrant Officer, proceeded to Jagraon on the afternoon of 1.1.1993 itself along with the petitioner. After virtually waiting for the whole day it was on the advise of the petitioner that the Warrant Officer reached the premises of Police -Station. Jagraon at 5.30 P.M. on

(2.) 1.1993. The detenue was not found there and thereafter the Warrant Officer proceeded to the premises of CIA Staff where he reached at 6.25 P.M. and -there also the detenu was not found. 2. Shri Swaran Singh, Senior Superintendent of Police, Jagraon, has filed his affidavit, dated 15.1.1993 and Shri Gurmeet Singh, SHO of Police Station, Jagraon, has placed his affidavit dated 14.1.1993 on the record and denied arrest or detention of Bhai Gurdev Singh Kaunke. Similarly, Shri Ajit Singh Inspector, CIA, Staff Jagraon has also filed a separate affidavit dated 14.1.1993 wherein the arrest and detention of Bhai Gurdev Singh Kaunke has been denied during the entire period in question.

(3.) ON behalf of the petitioner, it has been pointed out that there is a report in the Indian Express dated 17.1.1993 made by the International Human Rights Organisation as if Gurdev Singh Kaunke has been liquidated. An oral enquiry has been made and on behalf of the State, it has been pointed out that an earnest search 'is being made to trace Bhai Gurdev Singh Kaunke, by the Superintendent of Police (Detective) Jagraon. However, after perusal of the report of the Warrant Officer and hearing, the present petition dated 1.1.1993 has become in fructuous and is disposed of as such. Petition dismissed.